Ns 


LETTER 


FROM 


GEORGE    NICHOLAS, 


OF  KENTUCKY, 


TO 


HIS    FRIEND, 


IN  VIRGINIA, 


JUSTIFYING  THE  CONDUCT  OF  THE  CITIZENS  OF 
KENTUCKY,    AS   TO  SOME  OF  THE  LATE  MEA- 
SURES OF  THE  GENERAL  GOVERNMENT; 


AND 


CORRECTING  CERTAIN  FALSE  STATEMENTS, 


WHICH     HAVE    BEEN    MADE    IN    THE    DIFFERENT     STATES,   OF 
THEVIEWS   AND    A  CT  IONS  OF  T  H  E  PEOPLE  OF    KENTUCKY. 


LEXINGTON:  PRINTED— PHILADELPHIA:  REPRINTED, 
BY  JAMES  CAREY,  No.  16,  CHESNUT-STREET. 

1799. 


A  LETTER,  &c. 


MY  DEAR  SIR, 

*******  having  fhewn  me  that  part  of  your 
letter  to  him,  which  refpects  our  politics,  and  myfelf,  I  have  pre- 
vailed on  him  to  lend  me  the  letter,  that  I  might  have  it  in  my 
power  to  anfwer  it.  I  am  induced  to  do  this,  as  well  from  a  de- 
fire  to  remove  the  urrjuft  impreflions  and  reprefentations  which  have 
been  received  by,  and  made  to,  our  fellow  citizens,  of  our  views  and 
deiigns  ;  as  from  a  wifh,  that  by  making  our  real  fentiments  public, 
an  opportunity  may  be  afforded,  of  detecting  the  errors  on  which 
they  are  founded^  if  they  really  are  erroneous. 

Before  I  enter  on  the  fubject,  let  me  requeft  your  calm  and  de- 
liberate confideration,  of  what  I  (hall  advance.  Opinions  and  reafon- 
ing  which  are  in  oppofition  to  what  we  think  right  ourfelves,  are 
often  condemned  and  rejected  too  haftily  ;  but  this  is  not  the  way  to 
remove  error  ;  full  and  difpaffionate  inveftigation  is  the  only  means 
of  arriving  at  truth,  and  the  real  patriot  can  have  no  oilier  object 
in  his  political  enquiries. 

The  warmth  of  my  own  paflions,  the  improper  influence  which  I 
am  confcious,  that  they  too  often  have  over  my  judgment,  and  the 
peculiar  tendency  which  I  feel,  that  they  pofTefs  to  lead  the  mind 
aftray,  in  its  attempts  to  form  a  ju(l  opinion  as  to  our  prefent  politi- 
cal queftions ;  all  confpire  to  make  me  urge  this  requeft  on  my 
friend,  whofe  good  opinion  1  wifli  to  preferve,  whofe  unintentional 
errors  I  wifh  to  fee  corrected,  and  whofe  well  known  patriotifm. 
I  wi(h  to  roufe,  before  that  period  (hall  arrive,  when  a  conviction 
of  the  moft  important  truths  will  come  too  late  ;  and  when  the  re- 
membrance that  it  was  not  felt  earlier,  will  be  attended  with  the  mod 
heart-felt  forrow  and  concern.  Jf  after  having  devoted  the  prime 
of  your  life  to  the  eftablifhment  of  the  liberty  of  your  country  ;  if 
after  having  (lied  your  blood  in  its  defence  ;  if  after  feeing  yourfelf 
furrounded  with  children  and  grand  children,  for  whofe  fakes  you 
have  voluntarily  fubmitted  to  all  the  ills  neceiTarily  attendant  on  re- 
volutions and  wars ;  what  would  be  your  feelings  in  the  decline  of 
life,  if  you  fhould  fee  that  liberty  deftroyed  ?  1  know  you  fo  well 
as  to  be  fatisfied,  that  nothing  could  add  to  the  bitternefs  of  fuch  a 
fituatior,  but  the  recollection,  that  you  had  by  an  improper  and  un- 
limited confidence,  even  undelignedly  contributed  to  it.  Paufe 
then,  my  friend,  and  think  deliberately  and  difpaffionately,  and  do 
not  let  any  improper  conduct  in  a  foreign  nation,  to  which  your  at- 
tention is  artfully  turned  on  one  fide,  blind  you  to  the  imminent 
danger  which  hangs  over  the  liberties  of  your  country,  on  the  other. 
At  the  time  you  are  calling  out  arm,  arm,  againfl  the  foreign  foe, 
who  you  fay  threatens  the  independence  of  our  country,  do  not 

A  *  Ihut 


fhut  your  eyes  to  domeftic  violations  of  our  conflitution,  and  our 
liberties.  What  will  it  avail  us,  if  we  can  preferve  our  inde- 
pendence as  a  nation,  nay,  if  we  can  even  raife  our  country  to 
the  higheft  pitch  of  national  glory,  provided  we  at  the  fame  time 
lofe  our  own  liberties  ?  If  France  is  at  this  time  fubjected  at  home, 
to  the  military  defpotifm  which  is  faid  to  reign  there  ;  will  the  con- 
quell  atchieved  by  her  arms,  and  the  glory  which  furrounds  her, 
compenfate  the  people,  of  that  country  in  the, fmaUe.it  degree,  for  . 
their  loll:  liberties  ?  Can  the  power  and  confequence  of  tyrants,  ever 
alleviate  the  miferies  of  their  .flaves  ?  .  If. they  cannot,  we  ought  to 
confider  it  as  a  truth  of  the  moft  important  nature — that  indepen- 
dence abroad  is  of  no  real  value,  nnlefs  it  is  accompanied  with  li- 
berty at  home. 

The  preamble  to  our  conftitution  declares,  that  the  fee u ring  this 
liberty,  was  the  great  andprimary  confideration,  which  induced  the 
people  of  America  to  form  that,  conftitution  ?  <*  We  the  people  of 
the  United  States,  in  order  to  form  a  more  perfeft  union,  eftablifh 
juilice,  infure  domeflic  tranquility,  provide  for  the  common  defence, 
promote  the  general  welfare,  and  fccure  the  bkffings  ef  liberty  to  our- 
fel*ves  and  our  pofterity,  do  ordain  and  eitablifh  this  conftitution  for 
the  United  States  of  America/* 

My  feelings  hare  forced  from  me   thcfe  obfervations  ?     I   will 
now  anfwer  your  letter. 

You  fay  "  we  entertain  none  of  your  fears,  our  liberties  we  think 
are  not  in  danger. "  It  is  not  at' all  furprifing  when  we  form  fuch 
different  opinions  of.  our  political  fituadon,  that  our  conduct  alfo 
fhould  be  fo  materially  different  ;  but  as  the  conduft  of  .either,  can 
be  right  only  as  far,  as  the  opinion  by  which  it  is  actuated  fhall 
prove  to  be  ju£,  we  ought  carefully  to  afceriain  which  of  thofe  opi- 
nions is  founded  on  propriety.  No  country  can  be  free,  unlefs  it 
h:is  a  conftitution,  limiting  in  a  fulHcient  degree,  the  powers  of 
thofe  who  are  appointed  to  administer  the  government;  and  alfo 
guarding  thofe  powers  from  abufe,  as  far  as  fuch  a  guard  can  be 
eilabliflied.  The  moft  effectual  guard  which  has  yet  been  difcovered 
againft  the  abufe  of  power,  is  the  divifion  of  it.  It  is  our  happi- 
nefs  to  have  a  conftitution  which  contains  within  k,  a  fudicient  limi- 
tation to  the  power  granted  by  it,  and  alfo  a  proper  diviiion  of  that 
power.  But  no  coniHtution  affotds  any  real  fecuiity  to  liberty,  un- 
lefs it  is  considered  as  facial  and  prefefved  inviolate;  becaufe  that 
lecariiy  c^.n  only  arife  from  an  actual,  and  not  from  a  nominal  limi- 
tation and  divifion  of  power.  Every  violation  of  fuch  a  confutation 
mull  be  made  in  one  of  two  ways ;  either  by  an  aliumption,  by  the 
government  at  large,  of  greater  powers  than  is  given  to  it,  by  the 
conftitution  ;  or  by  one  branch  of  the  government,  affuming  to  itfelf, 
or  having  transferred  to  it  by  the  other  branches,  powers  which  the 
conititution  declares  fhrJi  be  exercifed  only  by-  the  other  branches, 
or  by  the  vv-hoie  government.  This  transfer  even  of  conftitu- 
tional*  powers,  from  the  Whole,  to  s,  part,  or  from  the  part  to  .which 
they  are  given  by  the  confutation,  to  a  part -to  which  they  are  net 
as  dangerous  to  liberty,  as  an  o.fRirnptk>n  by  the  whole  of 

the 


(    5     ) 

the  government,  of  more  power  than  is  given  to  it  by  the  confutation, 
becaufe  the  divifion  of  the  power  which  is  given,  is  as  effential  as 
its  limitation  to  the  preservation  of  liberty.  Before  therefore  we  can 
admit  the  truth  of  your  opinion,  that  ic  our  liberties  are  net  in 
danger,'*  we  muft  be  fatisfied",  that  our  government  has  neither  af- 
fumed  to  itfelf,  other  or  greater  powers  than  are  afligned  to  it  by 
the  conliitution,  nor  violated  that  divifion  of  power,  marked  out 
by  the  confHtuiion  ;  by  permitting  any  one  branch  of  the  govern- 
ment, to  exercife  powers  efpeci ally  confided  by  the  confutation, 
either  to  the  whole  or  to  other  parts  of  the  government. 

I  will  examine  a  number  of  the  acls  of  our  government  by  thefe 
teds.  The  conilitution  declares  .hat  "  congrefs  fhall  have  power 
to  raife  and  fupport  armies,"  an  acl:  pafTed  by  congrefs  gives  tjir* 
prefident  power  *'  in  the  event  of  a  declaration  of  war  againit  the 
United  Stares,  or  of  aclual  invafion  of  their  territory  by  a  foreign 
power,  or  of  imminent  danger  of  fuch'invalion,  dif covered  in  his  opi- 
nion to  exift  before  the  next  ieilion  of  congreis  to  caufe  to  be  enlifted 
and  to  call  into  aelud.  fervice,  a  number  of  troops  not  f-xceeding 
10,000  ;  to  be  enliiled  for  a  term  not  exceeding  three  years."  The 
,  fame  bill  alfcr  enacts,  <(  that  in  addition  to  the  aforefaid  number  of 
troops  ;  the  preildeni  i*  hereby  empowered,  at  any  time  within  three 
years,  after  the  p  offing  of  this  atl9  if  in  his  opinion  the  public  interejl  fiiall 
require  it,  to  accept  of  any  company  er  companies  of  volunteers  either  of 
artillery,  cavalry  or  infantry,  who  may  afTociate  and  offer  themfelves 
for  the  fervice,  who  mail  be  armed,  cloihed  and  equipped  at  their 
own  expence,  and  whofe  CGmmijJioned officers  the prtfident  is  hereby  au- 
thorised t»  appoint  ;  who  fhall  be  liable  to  be  called  to  do  milrary  doty 
at  any  time  the  prefident  fhall  adjudge  proper,  within  two  years  afar 
he  jhcdl  accept  the  fame"  By  this  aft  the  power  veiled  by  the  con  H- 
tutton  in  congrefs  «'  to  raife  armies"  has  been  by  them  transferred  to 
the  prefident  ;  and  he  is  made  the  fole  judge  of  the  neceflity  of  raif- 
ing  this  army,  and  of  the  number  that  it  fhall  con  fid  of,  fo  that  the 
regulars  do  not  exceed  10,000 ;  but  without  any  reftridion  as  to 
the  number  of  volunteers  ;  and  as  the  prefident  is  at  liberty  to  ac- 
cept of  the  volunteeii,  at  any  time  within  three  years  after  the  paf- 
fing  of  the  acl,  and  as  they  are  liable  to  be  called  on  to  do  military 
duiy,  at  any  time  the  prefident  fhall  adjudge  proper,  within  two 
years  after  he  (hall  except  of  their  fervices,  it  may  be  truly  faid, 
that  he  has  an  abfolute  power  for  live  years,  to  raife  an  army  to  any 
amount  he  pleaies,  to  be  commanded  by  officers  of  his  own  appoint- 
ment, and  to  do  fuch  fcrvices  as  he  mail  be  pleafed  to  direct.  And 
if  thefe  corps  of  volunteers  are  to  be  confidered  as  felecl  corps  of 
militia,  in  which  light  they  appear  to  have  been  confidered  by  the 
amendatory  sft  pa'fled  on  this  fu!  j •'&,  which  declares  that  after  their 
fervices  are  accepted  by  the  preiidenr,  that  they  fhall  be  exempted 
from -militia  duty  in  other  corps  ;  the  power  given  to  the  prefident 
by  the  bill  to  appoint  (heir  coir*mifFionedJDfHcers,  violates  that  part 
of  the  conilitution,  which  **'  refsrvss  to  the  ftates  refpeclively  the 
appointment  of  the  militia  oflicei\s"  The  conftitution  alfo  gives 
power  to  congrefs  *«  to  provide  and  maintain  a  navy  ;"  but  they 

have 


(     6     ) 

have  authorized  the  prefident  to  accept  by  way  of  loan,  of  any 
number  of  fhips  that  may  be  offered  to  him.  The  conftitution  has 
alfo  given  power  to  congrefs  "  to  borrow  money  on  the  credit  of  the 
United  States  ;"  but  they  have  given  the  prefident  power  to  borrow 
5,000*000  of  dollars  without  any  limitation  as  to  the  amount  of  the 
intereft  to  be  paid  on  the  loan.  Thus,  congrefs  have  by  thefe  dif- 
ferent acls,  to  the  degree,  that  I  have  ftated,  transferred  the  power 
over  the  purfe  and  the  fword  veiled  in  them  by  the  conftitution,  to 
the  prefident  ;  and  if  a  power  over  the  purfe  and  the  fword,  has 
always  been  properly  confidered  as  including  within  it  all  other 
powers ;  and  if  this  power  to  the  extent  to  which  it  hath  been  now 
given  to  the  prefident,  hath  already,  as  youfuppofe,  produced  forty 
fnips  of  war,  and  90,000  volunteers ;  and  will  alfo  Ihortly  procure 
more  than  10,000  regulars,  all  officered  by  chofen  fpirits  felecled 
by  the  prefident  himfelf,  and  dependant  on  him  for  their  continu- 
ance in  cfRce  ;  I  befeech  you,  to  inform  me  on  what  it  is  that  you 
found  your  opinion,  that  "  our  liberties  are  not  in  danger."  So  far 
from  rny  being  able  to  concur  with  you  in  this  way  of  thinking, 
after  the  moil  ferious  reflections  on  the  fubjecl,  I  am  clearly  of  opi- 
nion, that  if  the  real  difference  between  our  government,  as  fixed  by 
our  conftitution,  and  an  abfolute  government  could  be  afcertained  ; 
it  would  be  found,  that  thofe  who  have  adminiftered  our  government, 
have  already  by  their  different  violations  of  the  conftitution,  and  of 
the  republican  principles  on  which  5t  is  founded,  done  away  and  de- 
flrcyed,  much  the  greater  and  moft  powerful  part,  of  the  guards  to 
liberty,  which  are  contained  in  that  conftitution ;  and  which  origin- 
ally conftituted  the  efiential  difference  between  cur  government  and 
a  defpotic  government.  And  that  if  they  have,  in  fo  fhort  a  time, 
with  the  means  which  they  then  had  in  their  power,  and  when  they 
were  oppofed  by  all  the  conftitutional  barriers,  been  able  to  effect  fo 
much,  that  it  will  not  now  require  any  great  effort  on  their  part,  to 
remove  the  remaining  difference  between  the  two  governments;  when 
their  means  of  attack  are  increafed  in  a  twenty  -fold  degree,  and  when 
the  principal  conftitutional  barriers  are  already  laid  proftrate  at  their 
feet :  unlefs  the  people  of  America,  will  rally  around  their  conftitu- 
tion, for  its  protection. 

You  fay  alib  "  the  alien  law  you  wifn  to  be  made  perpe- 
tual." My  knowledge  of  you  convinces  me,  that  you  will  recal 
that  wifh,  if  I  can  fatisfy  you,  that  this  law  violates  the  conftitution, 
by  exercifirg  a  power  not  delegated  to  congrefs  by  the  conftitution, 
and  by  infringing  an  authority  which  prior  to  the  constitution 
was  veiled  in  the  ilate  governments,  and  which  the  conftitution 
flill  referved  to  them  ;  that  it  violates  the  rights  fecured  to  alien 
friends,  by  the  conftitutions  of  the  federal  as  well  as  of  the  ftate 
governments  ;  that  it  is  impolitic  ;  and  that  it  is  unjuft  and  unne- 
cefiary.  You  know  that  this  a<5l  concerns  alien  friends  only,  there 
being  another  fpecial  acl  of  congrefs,  directing  what  (hall  be  done 
with  alien  enemies;  this  will  render  it  unneceifary  in  the  difcufTion 
of  this  queftion  to  take  any  notice,  of  the  doclrine  concerning  alien 
enemies.  To  underiland  the  conftitutional  Dowers  of  congrefs  on 

*  o 

this 


(    7    ) 

this  fubjeft,  we  mould  recoiled  the  ftate  in  which  this  bufinefs  was, 
prior  to  the  adoption  of  the  conftitution,  and  then  afcertain 
the  change  which  was  made  in  it  by  that  conftitution.  Prior  to 
the  adoption  of  the  conftitution,  the  people  inhabiting  the 
different  ftates  might  have  been  divided  into  two  clafles ;  natural 
born  citizens,  or  thofe  born  within  the  ftate,  and  aliens  or  fuch  as 
were  born  out  of  it.  The  firft  by  their  birth-right  became  entitled 
to  all  the  privileges  of  citizens;  the  fecond  were  entitled  to  none, 
but  fuch  as  were  held  out  and  given  by  the  laws  of  the  refpective 
ftates,  prior  to  their  emigrating  to  them.  1  fay  by  the  laws  that  were 
in  force  prior  to  their  emigrating  to  the  (late;  becaufe  although  ea:h 
flate,  as  a  fovereign  and  independent  ftate,  had  an  unqueftionable 
right  to  declare,  on  what  terms  ftrangers  mould  be  permitted  to  come 
into  the  flate,  and  what  privileges  they  mould  be  entitled  to  after  they 
had  emigrated  to  the  ftate ;  thefe  terms  after  a  flranger  had  in  confe- 
quence  of  their  being  offered  to  him,  actually  removed  to  the  ftate, 
conftituted  a  compact  between  him  and  the  ftate,  which  could  no  more 
be  changed  by  one  party  to  it  without  the  confent  of  the  other,  than 
any  other  compact  can  be  fo  altered.  But  {till  the  ftate  had  a  right 
to  change  thofe  terms  whenever  it  adjudged  it  proper  to  do  fo,  as 
to  all  future  emigrants.  The  laws,  then,  of  each  ftate  muft  be  re- 
forted  to,  to  afcertain  what  were  the  .privileges  granted  to  emigrants 
and  upon  what  terms  and  at  what  time  they  were-en titled  to  thofe 
privileges.  In  this  ftate  and  in  Virginia  the  privileges  of  alien 
friends  depended  on  the  conftitution  of  each  ftate,  the  acts  of  its  le- 
giflature,  and  the  common  law  ;  by  thefe  they  were  confldered,  ac- 
cording to  the  time  of  their  refidence,  and  their  having  complied 
with  certain  requifites  pointed  out  by  thefe  laws,  either  as  denizens 
or  naturalized  citizens.  As  denizens,  "  they  were  placed  in  a  kind 
of  middle  ftate  between  aliens  and  natural  born  citizens ;"  by  natu- 
ralization, they  were  put  exactly  in  the  fame  condition  that  they  would 
have  been,  if  they  had  been  born  within  the  ftate,  except  as  far  as 
was  fpecially  excepted  by  the  laws  of  each  ftate.  The  degree  of 
privilege  to  which  each  clafs  of  aliens  was  entitled  was  different,  but 
the  claim  of  each  to  the  privileges  annexed  by  the  law  to  his  clafs, 
was  equally  well  eftablimed  ;  and  the  one  could  no  more,  with  juf- 
tice,  or  by  law,  be  deprived  of  his  inferior  privileges,  than  the  other 
could  of  his  more  extenftve  ones.  And  as  far  as  thefe  privileges 
did  extend,  they  both  had  the  fame  legal  claim  to  them,  that  the 
natural  born  citizen  had  to  his  privilege.  Like  the  natural  born 
citizen,  they  both  owed  allegiance  to  the  ftate,  were  equally 
liable  to  be  punilhed  for  offences  againft  it,  and  were  equally  en- 
titled to  the  protection  of  the  laws,  to  fecurity  againft  oppreffion,  and 
to  every  legal  means,  of  felf  juftification,  when  attacked  by  the 
procefs  of  law,  The  diftinction  between  thefe  two  claffes  of  aliens 
was  not  only  known  to,  and  eftablifhed  by  law,  but  each  clafs  had  a 
particular  name  affixed  to  it  by  law — the  Jaw  denominating  one  of 
them  denizens,  the  other  naturalized  citizens;  and  the  common 
law  had  affixed  fuch  diftinct  and  appropriate  ideas  to  the,  terms  de- 
nization  and  naturalization,  that  they  cannot  be  confounded  together. 


or  miftaken  for  each  other,  in  any  legal  trnnfaclion  whatever.  They 
were  fo  absolutely  dirtinft  in  their  natures,  that  in  England  the  rights 
they,  convev  cannot  both  be  given  by  the  fame  power ;  the  king 
can  m '-ike  denizens,  bat  nothing  but  an  aft  of  parliament  can  make 
a  naturalized  fubject ;  and  although  the  powers  which  belong  to 
both  king  and  parliament,  under  the  Rnglifh.  government,  were 
veiled  in  the  flare  governments  at  the  revolution,  (HI!  they  have 
alwavs  been  coniid^red  as  diftinfl  powers,  and  as  fuch  exercifed  by 
granting  the  different  degrees  of  privilege!,  upon  the  different  terms 
fpecified  by  law,  as  qualifications  neceflary  to  entitle  each  dafs  of 
alien  friends  to  the  privileges  annexed  to  that  clafs :  and  the  legal 
diftincVoii  between  them  and  the  appropriate  meaning  given  to  the 
name,  by  which  each  clafs  was  diftinguifhed,  continued  to  be  re- 
cognized by  the  laws  of  the  ftates  in  the  fame  manner  that  it  was  in 
England  ;  as  may  be  fully  proved  by  the  acl  of  the  Virginia  legifla- 
tare  ««  to  naturalize  the  marquis  Fayette."  This  was  the  legal 
date  of  this  fubjeft  in  Virginia  when  the  federal  conftitution  was 
adopted  ;  it  declares,  that  (<  congrefs  ftnu'd  have  power  to  eftablifh 
an  uniform  rule  of  naturalization  throughout  the  Unifd  States  ;" 
but  it  alfo  farther  declares,  that  Ss  the  powers  not  delegated  by  the 
coriftiiuticn  to  the  United  States,  nor  prohibited  by  it  to  the  itates, 
are  referred  to  the  dates  refpeftively,  or  to  the  people/'  The  power 
of  naturalization,  and  not  that  of  d>3nization  being  then  delegated  to 
ccngivfs,  and  the  power  of  denization,  not  being  prohibited  to  the 
flares  by  the  conftitution,  that  power  ought  not  to  be  confidered  as  be- 
lt e;  ven  to  cono-refs  by  the  conftitution,  but,  pn  the  contrary,  as  being 
reserved  to  the  itates.  ,  As  the  words  do  not  give  this  power,  neither 
does  it  come  wiuiin  tVr  reafon  on  which  the  otherpower  was  given, 
The'contlitution  declares,  that  "  the  citizens  of  each  ftate  mail  be 
entitled  re  all  the  privileges  and  immunities  of  citizens  in  the  fe- 
ver; ,  '  if  therefore,  the  power. of  naturalization  had  been 
left-  '},-•  rht  refnc^ive  ftates,  this  confequence  would  have  followed: 
they  might  have  eftabli  J  i  rent  rules;  and  a  man  who  could 
r.ot  have  been  naturalized  by  the  law  of  Virginia,  might  have  been 
naturalized  by  the  law  of  Maryland;  and  then,  as  a  citizen  of 
Maryland,  he  would  hnve  been  entitled  to  all  the  privileges  and 
immunities  of  a  citizen  of  Virginia.  It  was,  therefore,  abfolutely 
neceflkry  to  prevent  this  inconvenience,  and  the  evils  which  would 
neceffarily  grow  out  of  it,  to  veft  congrefs  with  the  exclufive  pplver 
c.f  nau  ralization  ;  as  by  this  means  no  man  cpu)d  be  admitted  as  a 
naturalized  citizen  of  one  irate,  by  any  qualification  different  from 
that  which  would  be  requi-ed  in  any  other  ftate.  But  this  reafon 
did  not  apply  to  the  ri^ht  of  demzatton,  becaufe  this  did  not  make 
a  citizen  of  an  alien,  but  only  placed  him  in  a  middle  ftate,  between, 
the  two ;  and  becaufe  it  only  gave  him  local  privilegesi  which  he 
was  fo  far  from  being  entitled  to  carry  with  him  into  another  ilate, 
that  he  a&naiJy  loft  them  by  his  removal  from  the  ftate.  giving  them* 
And  although  the  individual  Rates  might,  for  the  reafons  aftigned, 
:  been  willing  to  give  up  to  congrefs  the  power  of  naturalization, 
it  would  have  been  very  dangerous  and  impolitic  to  put  it  in  the 

power 


(    9    ) 

power  of  a  majority  of  the  dates  in  the  union,  to  prohibit  emigration 
to  the  other  ftates.  The  ninth  fe&icn  of  the  firfl  article,  and  the 
fifth  article  of  the  conftitutton,  prove  beyond  contradiction,  that  the 
conilitution  fo  far  from  intending  to  give  to  congrefs  any  other 
po\ver  on  this  fubjeft,  but  that  which  it  does  exprefsly  give  to  that 
body,  "  to  eftabliih  an  uniform  rule  of  naturalization,"  has  exprefsly 
forbid  fuch  a  power  being  given  them,  even  by  an  amendment  to 
the  conftiunion,  prior  to  the  year  1808  :  and  therefore  mud  prove 
alfo  that  t'lis  act  is  unconftitutional.  But  admitting,  for  argument 
fake,  that  congrefs  had  a  right  to  legislate  on  this  fubjcct,  I  con- 
ceive that  the  act  which  they  have  pafied  refpecling  it,  is  unconfti- 
tutional,  from  the  nature  of  the  provifions  contained  in  the  act. 
If  they  had  a  right  given  them  by  the  conftitution  to  legiflate 
on  this  fubject,  it  could  be  no  greater  right  than  was  before  veiled 
an  the  itate  governments :  and  the  flate  laws  which  had  been  patted 
refpecling  it  prior  to  the  adoption  of  that  conftitution,  were  un- 
queiiionabiy  in  force  until  congrefs  did  legiflate  concerning  it ; 
and  all  the  terms  held  out  by  thofe  laws,  were  binding  on  the 
United  Stages,  as  to  all  who  had  emigrated  here  prior  to  the  firfl: 
aft  of  legiflation  by  congrefs,  refpetting  it.  If  thofe  date  laws  are 
examined,  it  will  be  found,  that  every  fecuritjr  which  is  given  to  a 
natural  born  citizen,  for  the  enjoyment  of  his  privileges,  is  alio  given 
to  all  alien  friends  for  the  enjoyment  of  their's:  and  that  thofe  laws 
were  fo  far  from  intending  to  deprive  perions  in  their  fituation,  of 
any  privilege  which  would  prevent  them  from  having  as  full  and  as 
fair  trials  as  natural  born  citizens  were  en  itled  to,  that  they  have 
in  certain  cafes,  allowed  them  to  claim  privileges  in  our  courts  (fuch 
as  that  their  jury  mould  coniift  of  half  foreigners)  which  were 
allowed  to  no  other  perfons  ;  and  the  federal  conftitution  alfo  de- 
clares that  in  all  criminal  profecutions,  the  accufed  fliall  enjoy  the 
righv  to  a  fpeedy  and  public  trial  by  jury  ;  and  that  the  trial  of  all 
crimes  (hall  be  by  jury.  We  find  in  thefe  craufes  no  terms  of  reftric- 
tion  which  can  confine  their  operation,  or  the  privileges  they  were 
intended  to  grant,  to  any  particular  perfons  ;  on  the  contrary,  the 
expreflions  ufed  in  the  conftitution,  are  as  general  as  they  could 
have  been,  fuch  as,  no  perfon,  in  all  criminal  profecutions,  all 
crimes,  &c. 

Suppofe  an  alien  who  had  refided  here  many  years  under  the  pro- 
tedion  of  the  ftate,  the  laws,  and  in  the  enjoyment  of  the  pri- 
vileges  given  him  by  thofe  laws,  without  having  been  naturalized 
under  the  law  of  the  United  States,  was  to  be  profecuted  for  trea- 
fon  5  would  he  be  tried  by  a  jury  ?  Certainly  he  would.  If  fo,  it  would 
be  becaufe  the  law  directs  that  this  fhall  be  the  cafe  ;  for  there  can 
be  but  one  legal  mode  of  trial,  no  difcretionary  power  having  been 
veftecHn  any  court,  to  prefcribe  or  alter  the  mode  which  fhall  be 
puribed.  If  this  is  the  legal  mode  of  trial,  it  is  the  privilege  of  the 
alien  to  have  it  followed,  and  in  a  profecution  for  treafon,  he  could 
not  be  legally  deprived  of  it.  And  if  this  would  be  his  privilege  in  a 
profecution  for  treafon,  although  he  had  never  been  naturalized, 
the  conftitution  fecures  it  to  him  equally  in  all  other  cafes,  where 

accufations 


accusations  are  brought  agamfchim  ;  becaufe  It  declares,  that,  t(  in 
a -I  criminal  profectuions,  the  ctcufsd  fhall  enjoy  the  right  to  a  fpeedy 
and  public  trial  by  an  impartial  jury,  of  the  flate  and  diftrict,  wherein 
the  crime  (hall  have  been  committed  ;  which  diftrict  (hall  have  been 
previoafly  afcertained  by  law  ;  and  to  be  informed  of  the  nature  and 
cauie  of  the  accufation  ;  to  be  confronted  with  the  witrieiTes  againlt 
him  ;  zo  have  compu'fory  prccefs  for  obtaining  witneUes  in  his  favour  ; 
an^l  to  have  the  affiance  of  ccunfel for  his  defence. 

Considering  this  punithment  of  baniihment,  as  a  novelty  in  our  law, 
it  is  for  that  reafon  aifo  unconstitutional ;  becaufe  the  conflitution 
declares  that  "  cruel  and  unufual  puniihments  fhall  not  be  inflicted." 
.And  although  this  law  directs  this  punifnment  to  be  inflicted  on 
alien  friends  only,  if  the  principle  is  once  admitted  to  be  a  conftitu- 
ticnal  one,  it  will  foon  be  extended  to  natives  alfo  :  and  then  the 
bed  of  our  patriots,  would,  under  new-fangled  charges  of  fedition, 
be  fent  to  Botany  Bay,  to  lament  the  general  downfal  of  liberty, 
with  the  Briiiih  patriots,  who  have  been  already  exiled  there,  under 
fentences  given  on  limilar  charges. 

This  act  is  alfo  unconftitutional,  becaufe  the  conftitution  de- 
clares, that  "  the  judicial  power  of  the  United  State?,  fhall  be 
vetted  in  courts,  to  be  eilablifhed  by  congrefs,  the  judges  of 
which  (hall  hold  their  offices  during  good  behaviour,"  whereas  this 
act  gives  the  prefident  power,  to  judge  and  determine  in  this  cafe  ; 
if  thfet  deferves  to  be  called  a  judgment  which  is  given  without  a  trial 
of  any  kind,  and  on  fufoicion  only. 

If;hen  the  aliens  who  came  to  this  country  in  confequence  of  the 
legal  afTurances  they  had  received,  that  they  fhould  enjoy  certain 
privileges ;  that  they,  in  common  with  all  others  refiding  here, 
fbould  be  protected  in  the  enjoyment  of  all  their  juft  privileges  ; 
that  they  fhould  never  forfeit  them  but  in  confequence  of  their  own 
improper  conduct,  and  not  then,  until  the  charge  againft  them  had 
been  eilablifhed  before  a  proper  tribunal,  after  a  full,  fair,  and  legal 
mveiHgation  of  that  charge  ;  I  muil  be  warranted  in  faying,  that  this 
law  is  uncon&itutional,  becaufe  it  puts  it  in  the  power  of  the  prefi- 
dent to  baniih  them,  a  puniihment  hitherto  unknown  to  our  laws, 
and  now  confined  to  them  alone,  and  that  upon  fufpicion  only,  and, 
without  a  previous  trial  of  any  kind.  That  this  act  is  impolitic, 
no  man  can' doubt,  who  knows  the  extent  of  the  prefent  uncultivated 
tracts  of  country  in  the  United  States.  Until  within  a  very  fhort 
period,  it  has  been  univerfaliy  admitted  as  a  truth,  that  there  was 
no  line  of  policy  fo  important  to  us,  as  the  encouraging  of  emigra- 
tion :  as  a  proof  of  it,  the  declaration  of  independence  ftate^  it  a? 
one  of  cur  charges  againft  the  tyrant  George  the  third,  (f  that  he 
endeavoured  to  prevent  the  population  of  thefe  itates ;  for  that  pur- 
pcfe,  obitructing  the  laws  for  the  naturalization  of  foreigners  ;  re- 
fufmg-  to  pafii  others,  to  encourage  their  migration  hither,  and  raif- 
ing-  thi;  conditions  of  new  appropriations -of  land  :"  and  yet,  how 
did  u-ij  rnifconduct  of  his  fall  iliortin  its  bad  confequences,  of 
which  puts  it  in  the  power  of  the  prefident  to  banifh,  upon 
fu-fpiciorj  onlv,  thole  who  have  emigrated,  or  fhall  emigrate  to  this 

country, 


country.  What  man  who  can  exld:  in  any  other  country,  would  re- 
move to  this,  knowing  that  he  was  to  be  fubject  to  fuch  a  depotifm  ? 
This  law  is  fo  unjuft,  aj,  well  as  fo  obvioufly  impolitic,  that  it  fur- 
nifiies  the  ftrongelt  preemptive  evidence,  that  the  true  reafons  for 
palling  it,  have  not  been  avowed  by  the  favourers  of  it.  It  is  impof- 
iible  that  any  well  grounded  fears  could  exift  as  to  a  fe.v  ftrangers  in 
America  ;  efpecially  as  they  were  liable  to  be  retrained  and  pu~ 
nimed,  by  the  fame  laws  which  are  coniidered  as  fufikient  to  control 
all  other  evil  minded  perfons,  although  aided  by  wealth,  and  nume- 
rous acquaintances  and  connexio.is.  The  true  way  to  remove  all 
danger  from  emigrants,  is,  inftead  of  retraining  emigration,  to 
make  it  as  general  as  poffible.  In  religion,  a  general  toleration, 
prevents  danger  from  any  one  feel,  as  all  the  others  would  unite 
againil  one,  which  (hould  attempt  to  act  improperly.  So  it  would 
happen,  if  emigrants  from  every  quarter  of  the  globe  werd  admitted 
to  America,  The  danger  apprehended  from  them,  is,  that  notwith- 
ftanding  their  removal  to  this  country,  they  would  ftill  retain  ft 
ftronger  attachment  to  their  native  land,  than  to  America :  although 
the  truth  of  this  pofi'ioa  might  well  be  doubted,  from  the  reafon  of 
the  thing,  when  applied  to  men  who  voluntarily  left  the  one  coun- 
try from  difguii,  to  remove  to  the  other,  to  which  they  gave  a  pre- 
ference ;  and  to  men,  whofe  future  profpects,  both  for  themfelves 
and  their  poSienty,  would  all  depend  on  the  profperity  of  that  coun- 
try to  which  they  had  removed  ;  and  although  the  general  conduct 
of  the  natives  of  the  Britiih  dominions  who  then  refided  in  America, 
proved  the  contrary  in  our  war  with  that  nation  :  I  will  for  argu- 
ment fake,  admit  it  to  be  true  in  its  fullefl  extent,  and  yet  I  fhould 
conclude,  that  no  danger  could  arife  from  it  :  provided  thefe  emi- 
grants would  prefer  America  to  any  other  country  but  their  o;vn. 
This  would  certainly  happen,  as  well  from  that  predelictibn  to 
America  which  brought  them  here,  as  from  the  antipathy  which 
generally  prevails  between  the  citizens  of  the  different  countries  in 
Europe :  for  then,  in  cafe  of  a  rupture  between  America  and  any 
one  nation  of  Europe,  belides  her  own  natural  born  citizens,  me 
would  be  aided  to  the  utmoft,  by  all  the  emigrants  from  every  part 
of  the  world,  except  that  particular  nation.  This  is  alfo  fully  veri- 
fied by  the  conduct  of  foreigners  in  general,  refiding  in  America, 
in  our  prefent  conteil  with  France.  So  that  inftead  of  emigrants 
weakening  America  in  time  of  war,  the  would,  by  their  means, 
gain  as  much  additional  ftrength,  as  their  total  number  would  exceed 
the  whole  number  from  that  nation  with  which  me  was  at  war:  and 
the  emigrants  even  from  that  country,  would  be  retrained  from 
(:  adhering  to  their  former  countrymen,  or  from  giving  them  aid 
or  comfort/'  by  the  penalties  annexed  to  treafon,  which  fuch  con- 
duct would  fubjeft  them  to.  Perhaps  it  might  have  been  hoped  and 
expected  by  tne  friends  of  this  bill,  that  a  law  of  this  kind  would 
make  all  the  perfons  coming  within  its  defcriptions,  perfectly  fub- 
fervient  to  the  will  of  the  preiident :  this  idea  is  confirmed  by  an 
addrefs  from  a  number  of  aliens  in  Albany,  in  which  they  pledge 
themfclves,  by  every  exertion  that  can  be  made  both  with  their  per- 
fons 


(       I*      5 

^fonsand  property,  to  fupport  all  the  meafures  of  government  ;  in 
anfwer  to  which,  they  are  told  by  the  prefident,  that  as  long  as 
they  do  aft  up  to  their  promife,  by  fuppordng  by  every  means  in 
their  powers//  the  ads  of  the  government,  that  they  fhall  be  treated 
with  hofpitality.  Perhaps  alfo,  a  knowledge  of  human  nature, 
might  have  convinced  the  framcrs  of  this  bill,  that  the  abfoiute 
power  which  it  gives  the  preiident  over  thofe  coming  within  its 
provifions,  would  enable  him  to  dictate  alfo  to  all  their  connexions, 
friends,  and  acquaintances,  who  would  not  wife  to  fee  them  ba~ 
mihed  from  the  country,  and  all  that  they  held  moil  dear.  But, 
if  the  policy  of  party  extended  i:s  views  ftill  further,  and  from  a 
knowledge  of  the  exifting  convulfions  in  Europe,  and  the  caufes 
which  have  produced  them,  wifhed  to  put  it  in  the  power  of  the 
prefident,  to  difcourage  and  prevent  all  who  are  engaged  tkers  in 
ilruggles  for  liberty,  from  emigrating  to  America,  if  they  are  un- 
fuctefsful  at  home  ;  at  the  fame  time  that  the  door  was  left  open,  to 
receive  all  the  abettors  of  tyranny,  if  they  failed  in  their  prefent 
conceits  :  this  a6l  may,  in  its  operations  go  a  great  way  towards 
contaminating  and  deftroying  thofe  republican  principles  which 
now  exift  in  America,  and  which  are  the  only  real  fupport  of  our 
prefent  con ftituti on.  Whatever  efFedl  thefe  -fuggeftions  may  have 
on  your  judgment,  I  flatter  myfelf  that  I  muft  nave  proved  TO  your 
fatisfa&ion,  that  this  act  is  unconjHtutional,  unjujl>  impolitic  and  un- 
necejjary. 

You  fay  "  we  think  that  no  words  can  juftify  fedition  under  a 
conftitution  formed  as  a  bafts  of  government  amongtt  a  civilized 
people.  We  fubmit  with  chearfulnefs  to  laws  regularly  enacted  by  a 
great  majority  of  our  rulers. " 

It  is  not  neceffary  for  us  to  enquire  whether  the  authors  of  falfe 
and.  malicious  publications,  which  the  law  denominates  libels, 
ought  to  be  made  punifhable  by  law;  becaufe  they  have  always 
been  liable  to  iuch  punifhment.  The  queilion  is,  have  congrefs  a 
right  to  pafs  a  law  on  that  fubject,  and  under  the  pretext  of  pro- 
viding a  punifhment  for  that  offence,  which  the  laws  of  the  different 
ftates  had  before  fufticiently  provided,  to  deftroy  the  liberty  of  the 
prefs,  contrary  to  an  exprefs  prohibition  contained  in  the  federal 
conftitution  ? — Seditious  writings  do  not  confHtute  the  only,  or  the 
greateft  offence  which  can  be  committed  againit  the  community  ; 
why,  then  has  not  congrefs  provided  punilhment  for  the  others  ? 
Certainly,  for  this  reafon,  becaufe  they  had  no  conftitutional  power 
given-  them  to  pafs  fuch  laws.  There  is  the  fame  reafon  againft 
their  pafling  laws  on  this  fubjecl,  with  this  additional  one,  that  the 
conftitution  exprefsly  declares,  that  "  they  mall  pafs  no  law  abridg- 
ing the  freedom  of  the  prefs.'*  If  it  is  afked  where  is  the  injury 
arifing  from  this  law,  if  there  were  other  laws  on  the  fame  fubjedt 
exifting  in  the  different  ftates,  prior  to  the  pafiage  of  this  law  ? 
I  anfwer,  that  the  wrong  confifts  in  their  afTuming  to  themielves,  a 
power  to  legiflate  on  a  fubjecl,  not  only  not  entrufted  to  them,  but 
abfolutely  forbid  them,  by  the  conftitation  ;  that  if  this  is  once  al- 
lowed, the  only  barriers  contained  in  the  conftitution  for  the  fecurity 

of 


(    .3     ) 

of  liberty,  will  be  destroyed  ;  and  that  this  law  ought  to  'be  ccnfi- 
dered,  not  as  the  final  regulation  which  is  intended  to  be  made  on 
this  fubjecl,  but  as  an  experiment  only,  to  try  the  temper  of  the  peo- 
ple ;  and  ns  the  forerunner  of  other  acls  that  would  foon  be  palled 
refpecling  it,  upon  a  much  more  exteniive  fca'e,  if  this  is  fu'miitted 
to.  Jf  any  m  01  doubts  that  this  would  be  tne  cafe,  let  him  exa- 
mine the  infamous  ledition  bill  paifrd  by  the  fenate,  which  delrroyed 
the  liberty  of  fpeech,  as  well  as,  the  freedom  of  the  prefs — a  b'-M 
which  was  altered  in  the  haufe  of  reprefe^tatives,  fo  as  to  bring 
it  into  its  p refer nt  fhape,  only  by  a  very  fmall  majority.  But,  even 
that  bill  was  not  more  unconftkutional,  than  the  one  which  was  ac- 
tually pafled,  becaufe  the  conftitution  gives  r.o  other  fectirity  for  the 
enjoyment  of  one  of  thefe  privileges,  than  it  does  for  the  other  ; 
and  they  might,  alfo,  at  the  fame  time,  as  conititutionally,  have 
attacked  religious  liberty  ;  becaufe  that  alfo  depctidi  on  the  fame 
claufe  in  the  conftitution,  which  is  in  thefe  words  :  (f  Cong  efs 
{hall  make  no  law  refpeding  an  eftahlidiment  of  religion,  or  prohi- 
biting the  free  exercile  thereof,  or  abridging  the  freedom  of  fpsccii 
or  of  the  prefs,  or  the  right  of  the  people  peaceably  to  aflemMc,  rod 
to  petition  the  government  for  a  redrefs  of  grievances."  But  it  is 
argued  by  the  friends  of  the  law,  that  if  fimilar  laws  do  now  exiil 
in  the  oifFerent  dates,  that  this  law  does  not  abridge  the  freedom  of 
the  prefs,  and,  therefore,  is  no  violation  of  the  coniKtution.  This, 
by  no  means,  follows  as  a  confequence,  for  although  the  itate  legif- 
latures  may  have  conflitutionally  palled  laws  on  this  fubjeft,  under 
the  powers  given  to  them  by  the  ilate  conftitutions,  yet  congr  -fs 
could  have  no  right  to  pafs  fuehlaws,  when  the  federal  confHtiuion 
declares  that  they  fhall  pafs  no  laws  refpecting  it.  The  prohibition 
contained  in  the  federal  conflitutionis,  that  congrefs  jliali  not  exercife 
this  power  at  all,  but  leaves  the  power,  as  it  flood  before,  in  the 
flate  governments  ;  and  the  laws  exiiting  in  the  {Lite  government?, 
rendered  the  paffing  of  fuch  a  law  by  congrefs  altogether  unnec.f- 
fary.  Becaufe,  as  iedicious  writings  were  forbid  and  punlfhable  by 
the  laws  of  every  flate,  and  as  no  officer  of  the  general  government 
loft  the  protection  of  the  (late  laws  by  going  into  ofHce,  he  would 
have  the  fame  right  to  apply  to  a  court  under  the  ftate  laws,  for 
redrefs  of  any  injury  of  this  kind  that  any  other  citizen  would  have. 
Befides,  the  remedies  given  by  this  a£l  are  public  profecutions, 
and  it  has  been  folemnly  determined  in  common  law  courts,  tnat  a 
libel  againft  an  official  character,  belonging  even  to  a  foreign 
country,  is  cognizable  and  puniihable  in  thofe  courts  :  there  can 
be  no  doubt,  therefore,  but  that  a  libel  againft  an  officer  of  the 
general  government,  which  is  fo  immediately  connected  with  the 
itate  governments,  as  to  be  in  fome  refpefls  the  government  of  each 
ilate  alfo,  and  whofe  conilitutional  a£ls  are  the  fupreme  law  in  each 
Hate,  would  alfo  be  cognizable  in  the  Hate  courts.  This  argument 
may  alfo  be  ftrongly  illuitrated  in  another  way — "  the  United 
States,  in  their  united  or  colle&ive  capacity,  are  the  objects  to 
which  all  general  proviiions  in  the  conllitution  muft  refer.'* 
Now,  it  is  evident,  that  though  refm&ions  on  the  freedom 

of 


1 


of  the  prefs,  with  various  limitations,  are  known  in  each  Hate, 
individually,  yet  in  the  United  States,  as  fuch,  no  fuch  redriftion 
was  known,  prior  to  the  adoption  of  that  conftitutien;  when, 
therefore,  the  conflitution  declares,  that  congrcfs  {hall  pafs  no  law 
abridging  the  freedom  of  the  prefs,  it  rnuft  mean,  that  they  fhould 
edablifh  no  legal  redriclion  whatever  on  it  ;  becaufe  any  reftriclion, 
however  fmall,  when  impofed  *  v  them,  would  \-zabridgfag  the  freedom 
of  the  prefs  in  the  United  States,  as  fuch,  as  no  reilriclion  by  them, 
had  ever  exided  prior  to  that  time.  Jf  this  claufe  receives  the  con- 
itruftion  that  I  contend  for,  it  has  an  important  and  forcible  mean* 
ing  —  that  congrefs  {hall  not  legiiiate  at  ail  upon  this  fuhjeft,  and 
leaves  it  with  the  mafs  of  powers,  which  were  refer  ved  to  the  date 
governments;  but  if  it  is  condrued  to  have  reference  to  the  redric- 
tions  impofed  by  the  ft  ate  governments  on  ths  freedom  of  the  prefs, 
by  auiliorifmg  congrefs  to  impale  iimilar  ones,  it  is  nugatory;  be- 
caufe  it  would  make  the  extent  of  their  power  depend  on  the  flare 
-regulations,  on  this  fubjecl  ;  and  would  make  their  laws  change  and 
fiu£iuate,  with  all  the  alterations  that  wouM  be  made  by  the  dates 
refpecling  it  ;  and  it  would  be  void  alfo,  for  its  uncertainty,  becaufe, 
as  the  restrictions  are  different  in  the  lev  era!  dales,  and  as  the  laws  of 
no  particular  ftatc«?  are  declared  to  be  the  Ciiterions  which  fhould  re- 
gr.Lite  the  conduct  of  congrefs  on  this  fubject,  any  law  they  could. 
pafs  refpeding  it,  would  •«  abridge  the  freedom  of  the  prefs,"  in 
i-orne  of  the  Hates,  although  it  might  not  do  it  in  others.  Unfortu- 
nately for  the  favourers  of  this  dodrine,  their  oracle,  Hamilton,  has 
reafbned  agairvd  it  in  the  mod  conclufive  manner,  when  proving  that 
a  bill  of  rights  was  not  omy  unnecefTary,  but  that  it  would  have 
been  even  dangerous  :  He  (ays  —  ««  I  go  further,  that  bills  of 
rights,  in  the  feafe  and  in  the  extent  in  which  they  are  contended 
for,  are  not  only  unneceiFary  in  the  propofed  conduction,  bat  .would 
even  be  dangerous.  They  would,  contain  vr^rious  exceptions  to 
powers  which  are  not  granted  ;  and  on  this  very  account,  would 
afford-  a  colorable  pretext,  to  claim  more  than  were  granted.  For, 
tvhy  declare  that  things  fhall  not  be  done,  which  there  is  no 
power  to  do  ?  Why,  for  in  dance,  fhould  it  be  faid,  that  the  liberty 
of  the  ^izk  Jh&Hntt  he  re/trained,  when  no  power  is  given  by  which 
reftridions  may  be  impofed  ?  1  will  net  ccni  end  that  fuch  a  prc-uijion 
wiitld  wafer  a  regulating  power  *  but  it  is  evident,  that  it  would  fur- 
nifh,  to  win  difpcfcd  ie  ufurp,  a  plaufMe  pretence  for  claiming  that 
power.  They  might  urge,  with  a  fcmbfaftce  of  rcafon,  that  the  con- 
difution  ought  not  to  be  charged  with  the  abfurdity,  of  providing 
againd  the  abuf?  of  an  authority,  which  was  not  given,  and  that 
the  provifion  againd  retraining  the  liberty  of  the  prefs  afforded  a 
clear  implication,  that  a  power  to  prefcribe  proper  regulations  con- 
cerning it,  was  intended  to  be  veded  in  the  national  government. 
This  may  ferve  as  a  fpecimen  of  the  numerous  handles  which  would 
be  given  to  the  doftnr.e  of  ccnilrudlive  powers,  by  the  indulgence 
of  an  injudicious-  zeal  for  bills  of  rights,"  This  reafoning  of  his,  is 
alfo  a  fuHicient'anfwer  to  the  argument  which  they  draw,  from  this 
prohibition  on  they  power  of  congrefs,  being  contained  in  an  amend- 

mtnt 


C    IS    ) 

mnitQ  the  conflitution  ;  which,  as  they  fuppofe,  is  an 
implication,  that  the  coniUtution  itfelf  did  give  a  power  to  abridge 
the  liberty  of  the  prefs.  This  argument  may  alfo  receive  fe- 
veral  other  fatisfactory  anfwers.  Suppofe  this  reafch  i:;g  was  juft, 
would  it  not  follow,  that  after  the  amendment  had  taken  place,  by 
which  a  change  had  been  made  in  the  power  given  to  congrefs 
in  this  refpedt  by  the  conftitution,  that  that  power,  as  far  as  it  was 
inconfident  with  the  amendment,  would  I  e  as  effectually  done  away, 
as  if  it  had  never  been  given  by  the  conftitution  ;  and  as  the  amend- 
ment fays  they  mall  pafs  no  law  abridging  the  freedom  of  the  prefs, 
it  certainly  does  it  away  entirely.  Befides,  the  preamble  to  'the 
amendments  dates,  that  s<  the  conventions  of  a  number  of  the  dates 
having,  at  the  time  of  their  adopting  the  conftitution,  ex-prefTed  a 
defire,  in  order  to  prevent  a  mifconftruclion  or  abufe  of  its  powers, 
that  further  declaratory  and  reftrittive  claufes  mould  be  added — and 
as  extending  the  ground  of  public  confidence  in  the  government, 
will  bed  enfure  the  beneficent  ends  of  its  inftitution  :" — Confidering 
then  this  particular  claufe  in  the  amendment,  as  being  either  decla- 
ratory cr  reftrifiive,  it  would  be  contrary  to  common  fenfe,  as  well 
as  every  rule  of  legal  conftrudion,  to  make  this  claufe,  which  alfo 
in  itfelf  contains  the  drongeil  prohibition  againft  the  exercife  of  fuch 
a  power,  amount  to  an  authority  to  exercife  it.  Further,  admit 
that  this  amendment  does  prove  in  the  fulled  manner,  tha:  the 
conftitution  did  give  congrefs  fuch  a  power,  yet  as  they  hac! 
never,  prior  to  the  adoption  of  that  amendment,  really  exer- 
cifed  that  power,  the  amendment  does  away  that  power  as  ef- 
fectually, as  if  it  had  never  exiited  at  all.  For,  as  the  liberty 
of  the  prefs  was  not  actually  abridged,  although  congrefs  had 
a  power  under  the  conftitution  to  abridge  it,  until  they  had 
actually  exercifed  that  power;  congrefs  could  not,  after  the 
adoption  of  the  amendment,  pafs  any  law  on  that  fubject,  be- 
caufe  that  law  would  then,  as  to  the  United  States,  for  the  liril  time, 
have  "  abridged  the  freedom  of  the  prefs, V  which  the  amend 
declares,  that  no  law  of  their's  mail  do.  Another  ilrong  argurr 
that  the  conflitution  did  not  intend  to  give,  and  that  the  amendr 
did  mean  to  prohibit  altogether,  the  power  of  making  laws  or 
fubject,  is  that  no  checks  are  to  be  found  in  either,  fimilar  to  thc^ 
contained  in  the  bills  of  rights  in  the  feveral  date  conductions, 
guarding  this  power  againft  abufe.  But,  even  this  bill  admits  that 
every  fuch  law  ought  to  be  guarded  againd  an  abufe  of  the  power 
which  it  gives ;  did  the  framers  of  this  conftitution  then  intend  to 
leave  it  to  the  pleafure  and  patriotifm  of  Harper  and  Ot«s,  and,  the 
other  friends  to  arbitrary  power,  either  to  guard  their  bills  of  this 
kind  properly,  or  to  fend  them  out  unPnackled,  that  they  might  the 
better  effect  their  purpofe  of  infpirtng  terror. 

The  advocates  of  this  bill  give  it  great  merit,  becaufe  it  declares, 
that  in  every  profecution  founded  on  it,  the  defendant  (hall  ' 
liberty,  "  to  give  in  evidence,  in  his  defence,  the  truth  of  then- 
contained  in  the  publication  charged  as  a  libel."  I  can  never  acknow- 
ledge the  juOics  of  a  thief,  whoreftores  toaman  h?rn-  rohh 


only  of  what  he  has  taken  from  him  ;  but,  if  I  underitand  this  bill, 
this  claufe  fo  far  from  reftoring  any  thing-,  which  had  been  be- 
fore raken  away  ;  that  it  adds  mockery  to  opprelTion.  In  fome 
cafes,  the  privilege  of  giving  the  truth  of  the  charge  in  evidence,  on 
a  profecution  for  a  libel,  would  be  important;  if,  for  inftance,  A. 
was  to  publish  in  writing,  that  B.  was  a  horfe  thief,  and  had  Hoi  en 
his  horfe  ;  if  A.  was  indicted  for  this  ssa  libel,  it  would  be  of  great 
iin  ortance,  arid  a  complete  jurifdiction  to  him,  if  B.  was  really 

fuihy  or  the  charge,  to  be  allowed  to  give  the  truth  of  it  ia  evi- 
nce. Bat  in  the  proP,-cutions  contemplated  and  authorifed  by  this 
act,  thisw>)uld,  ;.i  ninety-nine  cafes  out  of  an  hundred,  be  no  pri~ 
vile ??  at  all.  This  act  declares,  that  "  if  any  perfon  (hail  publiHi 
any  falfe,  fcandalous,  or  malicious  writing  againft  either  houfe  of 
the  congreis  of  the  United  States,  or  the  pvefident  of  the  United 
Spates,  with -intent  to  defame  or  bring  them  or  either  of  them  into 
contempt  or  difrepute,  or  to  excite  againft  them  or  either  of  them  the 
hatred  of  the  good  people  of  ihe  United  States,  that  ne  mall  be  pu- 
nifhed  by  fine  and  imprifonment."  Now,  it  muft  be  obvious  that 
very  few  charges  that  will  be  brought  againft  either  houfe  of  con- 
grefs,  or  the  prefident,  will  be  founded  on  a  lingle  or  a  fimple  fact, 
which  will  be  capable  of  being  proved  by  teJHmony,  as  might  be 
done  in  the  cafe  already  put,  of  a  charge  brought  againft  a  man 
for  Healing  a  horfe. 

All  political  writings  contain  not  only  facts,  but  alfo  reafoning 
and  deductions  drawn  from  thofe  facts ;  and  the  object  of  the  writer, 
muft  generally  be  illuftrated  by  the  reafoning  and  deductions  drawn 
irorn  the  facts,  pnd  not  from  the  facts  themfelves  :  and  the  libel,  if  it 
is  one,  will  confi(t  generally,  in  what  is  contained  in  that  reafoning 
and  thofe  deductions,  and  not  in  the  facts.  But  evidence  can  be 
given  only  of  the  truth  of  facts,  and  no  teftimony  can  be  brought 
to  prove,  the  truth  of  the  opinions  ftated  as  ariiing  out  of  thofe  fads. 
The  confequence  therefore  muft  be,  either  that  A  will  be  found 
guilty  of  the  charge  brought  againft  him,  becaufe  he  does  not  prove 
ihe  truth  of  that  tvhich  is  incapable  of  being  proved  ;  or,  that  he 
will  be  found  guilty  or  acquitted,  according  to  the  political  fenti- 
ments  of  his  jury  :  apon  the  fame  charge,  a  jury  of  republicans 
would  acquit  him — a  jury  of  ariftocrats  would  condemn  him. — A. 
would  be  acquitted  to  day,  and  B.  condemned  to-morrow,  for  the 
fame  publication.  Can  this  be  right?  if  it  is  not,  does  it  not  prove 
unquei  ionably,  that  this  pretended  privilege  is  a  delufion  only  ?  I 
will  illuftrate  this  reafoning  by  two  examples ;  fuppofe  A.  was  to 
publifh  in  writing,  that  the  prefident  had  by  his  writings  declared  his 
approbation  and  efteem  of  monarchical  governments ;  and  his  dif- 
approbation  of  and  didike  to,  republican  principles  ;  and  was  to 
argue  from  thence  that. he  was.  unworthy  of  the  confidence  of  a  peo- 
ple, living  under  and  attached  to,  a  republican  government :  and 
was  alfo  to  alTcjrt,  that  the  fedition  bill  was  a  violation  of  the  con- 
Jntution  in  a  very  plain  inftance  ;  and  was  then  to  argue,  that 
all  who  had  been  concerned  in  the  pafsing  of  it  had  violated  that 
co^illuuicn,  and  by  doing  fo,  hal  alfo  violated  their  oaths,  bv 

which 


(  17  ) 

which  they  were  bound  to  fupport  that  conftitution.  If  A.  was 
tried  for  this  publication,  he  might  prove  by  the  preiident's  writings 
and  the  fedition  bill,  that  what  he  faid  as  to  them  was  true  ;  but 
h6w  could  he  prove,  that  the  inferences  that  he  drew  from  them—- 
that the  prefident  was  unworthy  of  public  confidence,  and  that  all 
concerned  in  pafsing  the  fedition  bill  had  wilfully  violated  the  con- 
ftitution and  their  oaths,  was  true  alfo  ?  Neither  could  be  proved 
by  teftimony,  and  yet  as  a  freeman  A.  had  a  right  to  form  this 
opinion  ;  and  the  opinion  itfelf  being  founded  ort  fafts,  he  had  a 
right  to  communicate  it  to  his  fellow  citizens,  to  prevent  them, 
from  placing  an  improper  confidence  a  iecond  time  in  thefe  men. 
But  for  this  opinion  A.  would  be  either  applauded  or  condemned  by 
a  jury,  according  to  their  private  political  fentiments.  This  law  then, 
in  the  fir" ft  place,  declares  it  to  be  an  offence  to  publifh  a  writing,  the 
truth  of  which  is  from  Its  nature  incapable  of  being  proved  ;  and 
then  gracioufly  adds,  that  before  you  are  convicted  of  this  offence,, 
you  may,  if  you  pleafe,  make  an  attempt  to  prove  the  truth  of  the 
charge,  although  that  attempt,  when  made,  muft  be  ineffectual  ; 
be'caufe  it  is  to  do  a  thing  which  is  impoffible  to  be  done.  If  the 
writer's  condemnation  or  acquittal  is  to  depend  on  the  political  opi- 
nion of  a  jury,  collected  in  a  country  rent  into  political  factions,  and 
felecled  by  an  officer  under  the  abfolute  influence  and  control  of  his 
profecutors  and  enemies,  will  it  not  put  a  total  flop  to  all  political 
writings,  but  thofe  in  favour  of  the  meafures  of  government :  and 
how  long  will  even  the  fhadow  of  liberty  remain,  after  the  door  of 
information  is,  by  that  means,  effectually  barred  againft  the  body  of 
the  people  ? 

So  far  from  it's  being  fight  to  abridge  the  freedom  of  fpeech  or 
of  the  prefs,  when  it  is  exercifed  to  cenfure  the  meafures  of  govern- 
ment ;  it  is  the  only  time,  when  it  is  necefTary  to  protect  either  of 
them.  As  long  as  the  fpeaker  or  writer  approves  of  their  meafures, 
he  may  not  only  proceed  with  fafety,  but  he  will  be  thanked  and 
paid  for  it.  If  he  praifes  handfomely,  he  will  be  taken  into  favour 
—if  he  deifies  the  object  of  his  flattery,  he  will  confefs  that  he  has 
**  melted  his  heart."  It  is  faid  that  a  pleaiing  fong  has  been  paid 
for  wkh  an  office  ;  that  many  have  been  given  as  rewards  for  ad- 
flrefTes  :  and  that  more  than  one  have  been  taken  from  thofe  who  re- 
fdfed  to  become  addrefTers. 

What  has  been  faid  muft  prove  that  the  liberty  of  the  prefs  ought 
to  be  left  where  Che  conftitution  has  placed  it,  without  any  poiver 
n  congrefs  to  abridge  it ;  that  if  they  can  abridge  it,  they  will  de- 
flroy  it ;  and  that  whenever  that  falls,  all  our  liberties  muft  fall  with 
it.  1  cannot  clofe  this  part  of  the  fubject  better,  than  by  copying 
what  was  faid  reflecting  it,  by  our  late  envoys  ;  their  expreffions  on 
this  occaiion  are  io  juft  and  forcible,  as  to  give  real  caufe  to  lament 
that  their  abilities  are  mt  ofiener  exerted  in  illuftrating  and  enforcing 
republican  principles.  They  fay  "  the  genius  of  the  conftitution 
«.ind  the  opinions  of  the  people  of  the  United  States,  cannot  be  Over- 
tiled  by  thofe  who  adminifter  the  government.  Among  thofe  prin- 
»"»r>!fis  deemed  facred  in  America;  among  thofe  facred  rights  confi* 

C  dered 


dered  as  forming  the  bulwark  of  their  liberty,  which  the  govern- 
ment contemplates  with  awful  reverence*  and  would  approach  only 
with  the  rnofl  cautious  circumfpefiion,  there  is  none,  of  which  the  im- 
portance is  more  deeply  impreffed  on  the  public  mind,  than  the  li- 
berty of  the  prefs.  That  this  liberty  is  often  carried  to  excefs,  that 
it  has  fometimes  degenerated  to  licentiouihefs,  is  feen  and  lamented  ; 
but  the  remedy  has  not  yet  been  difcovered.  Perhaps  it  is  an  evil 
infeparable  from  the  good  with  which  it  is  allied  :  perhaps  it  is  a 
ihoot  which  cannot  be  firipped  from  the  ftalk,  without  wounding 
vitally  the  plant  from  which  it  is  torn," 

Do  you  not  difcover,  how  materially  the  language  of  many  of  the 
warmed  advocates  of  the  meafurcs  of  government,  has  been  changed, 
lefpeftlng  thefe  bills.  When  they  were  fir  ft  enacted,  they  were  ths 
caufes  of  great  joy  and  triumph,  to  the  whole  party  ;  and  the  moil 
y.ealous  smongll  them,  infulted,  bullied  and  threatened  all  who 
would  net  adn;it  that  they  were  both  confliiutional  and  wceffary  ;  and. 
every  art  and  argument  were  ufed,  to  bring  the  people  into  this  way 
of  thinking  ;  and  notwithstanding  they  had  been  oppofed  by  nearly 
one  half  of  the  houfe  of  reprefentatives,  were  difliked  by  a  great  ma- 
jority of  the  people  of  America,  and  were  confidered  as  unconfritu- 
tional,  by  great  numbers  who  had  always  been  among  the"  warmeft 
lupporrers  of  the  government  ;  many  of  the  moft  influential  charac- 
ters in  the  government  party,  took  every  opportunity  toexprefs  their 
contempt,  for  all  who  difapproved  of  them  ;  and  the  officers  of  go- 
.:nent,  to  irritate  them  as  much  as  pofiible,  gave  the  title  of  thefe 
bills  as  names,  to  two  of  the  public  armed  veffels;  calling  one 
"  the  Sedition  acl  cutter,"  and  the  other  "  the  Alien  law  fmack."* 
But  having  failed  in  all  their  attempts,  .  either  to  bully  or  convince 
the  people  ;  and  finding  that  they  were  determined  not  to  entruft 
*heir  liberties  to  thofe  who  advocated  thefe  bills  ;  they  now  admit, 
liiat  thcfc  bills  were  impolitic,  becaufc  they  were  ufelefs  ;  and  be- 
caufe  they  were  calculated  to  create  unnecefTary  difcontenis  and  jea- 
loufies  among  us.  But  ilill  thefe  men  do  not  acknowledge,  that  they 
nre  miccailitutional  ;  and  therefore,  if  they  have  it  in  their  power  fo 
TO  do,  they  muft,  to  be  confident  with  themfelves,  vote  fcr  flmilar 
bill?,  whenever  they  may  fuppofc,  that  they  will  be  expedient.  The 
people  who  oppofe  thefe  hills  on  the  ground  of  their  being  uncondi- 
tional, ought  never  to  vote  for  men,  who  are  oppofed  to  then*, 
:ufc  they  con  fide  r  them  as  being  inexpedient  at  this  time.  It 
is  n'lfb  extraordinary,  that  thefe  men  who  declare  that  they  confider 
•jfeiefs  and  impolitic,  are  againft  the  repeal  of  them; 
upon  a  fuppofuion,  that  an  effort  to  repeal  them,  would  irritate 
nvcirs  minds  to  fjch  a  degree,  as  to  baffie  the  oppofnion  to  the  at- 
tempt that  t]>ey  fuppcfe  will  be  made  by  the  government  party  fcr 
ihcir  .re  vival,  after  the  'term  for  which  they  are  now  in  force  ' 


. 

Apii  "•     So  thru,  the  policy  of  thefe  gentlemen  amounts  to  this  ;  it 
lent,  to  let  thefe  bills,  which  they  acknowledge  to  be 

»*  We  apprehend  that  the  author  has  midakea  a  punning  paragraph  in  th^ 
(Hoflon)  Czni'mel)  replete  with  tbcftdtrativrfol  the  editorial  major,  for  a  fa<fl, 
v/Jiicli  has  led  him  into  this  erroneous  afTertion.  Philadelphia  Editor. 

ufelcfj 


(     '9    ) 

'ifelefs  and  impolitic,  and  which  nine-tenths  of  the  people  belie v 
to  be  dangerqus  and  unconftitaiional ;  continue  in  force  two 
years  longer,  for  fear  of  irritating  and  offending  thofe,  who  by  their 
voting  for  and  patronizing  thefe  bills,  have  already  proved  them- 
felves  to  be  enemies  to  our  conllitution  and  liberties.  Away  with 
reafoning  of  this  kind ;  intelligent  freemen  cannot  be  deceived  by  it ; 
they  will  difcover  that  it  is  an  electioneering  trick  ;  that  it  is  intended 
to  nut  them  off  their  guard,  and  to  induce  them  to  trull  their  liberties 
In  the  hands  of  men  who,  even  if  they  are  honeft  in  their  declarations, 
differ  with  them  in  opinion  as  to  the  true  meaning  of  fome  of  the 
moil  important  parts  of  our  conllitution ;  and  who  from  their  own 
acknowledgments,  muft  be  bound  in  conscience,  to  vote  for  iimilar 
bills,  whenever  they  mall  judge  it  expedient  to  do  fo.  The  private 
virtues  of  fuch  men  ought  to  be  no  inducement  with  the  people  to 
elect  them,  as  they  will  caufe  them  to  perfevere  in  opinions,  which 
the  people  confider  as  dangerous  and  definitive  ;  and  in  thofe  cafes, 
their  fuperior  talents,  inftead  of  being  a  public  benefit,  will  only 
enable  them,  to  fpread  the  poifon  contained  in  the»r  opinions,  the 
more  difFufively.  A  promife  on  the  part  of  a  reprefentadve,  to 
obey  the  inftruclions  of  his  conftituents,  is  no  fecurity  to  them,  when 
they  differ  from  him  as  to  important  political  principles.  Inlt ruc- 
tions muft  go  to  fpecified  objects,  but  after  they  are  obeyed  as  to 
thofe  objedb,  the  obnoxious  principle  which  was  contained  in  them, 
may  be  thrown  into  another  fhape,  and  then  tKe  reprefentadve  may 
confider  himfelf  as  being  at  liberty  to  foUow  his  own  inclinations.  If 
therefore,  the  alien  and  /edition  bills  were  repealed  in  confequence 
of  inftrucYions ;  and  not  becaufe  thofe  who  voted  for  their  repeal 
thought  them  unconftitutional;  the  fame  principles  might  afterwards  be 
approved  of  by  the  reprefentatives,  in  other  bills,  before  their  con- 
"flituents  would  have  an  opportunity  of  intlrucling  them,  as  to  them 
aifo  ;  and  thus  there  would  be  an  eternal  war,  between  the  princi- 
ples and  acls  of  the  reprefentative,  and  the  wiihes  and  intereil  of 
his  conilitutents.  The  only  real  fecurity  that  can  be  given  to  the 
people,  that  their  intered  and  principles  will  always  be  duly  attended 
to  by  their  reprefentatives,  mull  arife  from  their  placing  that  truft 
in  no  man  who  does  not  poffefs  both  an  intereft  and  principles  flmilar 
to  their  own.  All  true  patriots  iliould  unite  in  declaring  thefe  bills 
to  \>t  political  monfters,  and  in  demanding  that  they  (hall  be  put  out 
of  exigence,  as  foon  as  it  can  be  done  conftitutionally  :  and  to  pre- 
vent other  bills  of  a  fimilar  nature,  from  riling  out  of  their  ames, 
they  fhould  vote  for  no  man  who  will  not  unequivocally  declare 
that  congreTs  have  no  conflitutional  power  to  pafs  fuch  bills,  under 
any  poffible  (late  of  things. 

Sat  you  declare  that  "  you  are  fatisfied  with  thefe  laws,  becaufe 
they  have  been  regularly  enacted  by  a  great  majority  of  our  rulers." 
You  are  certainly  miftaken,  as  to  the  facl  of  their  having  been  pafTed 
by  a  great  majority.  Thefe  bills  as  well  as  feveral  other  very  im- 
portant meafures,  were  adopted  by  very  fmall  majorities ;  which 
circurnilance,  alone,  ought  to  have  been  fuBkient  with  moderate 
men,  to  have  prevented  their  voting  for  them  ;  becaufe  in  a  free 

C  2  country, 


(      2°      ) 

country,  radical  changes,  even  if  conftitutional,  ought  not  to  be 
made,  but  by  general  confent.  As  to  the  regularity  of  their  paffage, 
I  have  not  enquired  into  it ;  but  if  they  had  no  right  to  pafs  fuch 
ac"ls,  the  obfervance  of  no  forms  in  the  pafling  of  them,  could  make 
them  conftitutional  when  pafled  :  the  mcft  wretched  of  all  govern- 
ments, is  that,  where  the  form  of  it  is  retained,  after  the  fubflance  is 
loft:  this  I  take  to  be  the  prefert  Situation  of  the  Britifh  government, 
and  is  the  true  reafon  why  their  king  is  now  the  moil  abfolute  me- 
narch  on  earth. 

You  fay,  "  we  hope  to  fee  a  force  raufed  fufRcient  to  keep  peace 
at  home,  and  awe  all  foreign  powers."  If  I  underftand  this  pro- 
perly, it  amounts,  not  only  to  a  wifn  to  fee  a  Handing  army,  but 
alfo  to  have  one  of  the  largeft  fize  ;  becaufe  no  other  kind  could 
poflibly  *e  awe  all  foreign  powers. "  This,  then,  is  another  im- 
provement, which  has  lately  been  introduced  into  our  political  fyf- 
tem  ;  our  old  patriots  confidered  (landing  armies,  as  the  molt  pow- 
erful engines  of  arbitrary  power,  and  the  moft  dangerous  enemies 
to  republican  governments  ;  but,  our  modern  patriots  have  difco- 
vered,  that  this  was  an  error,  and  that  a  large  (landing  army  is -a 
neceffary  ingredient  in  a  good  republican  government ;  although 
they  fometimes  infoim  us,  alfo,  that  France  has,  within  five  years, 
loft  her  liberty  by  the  means  of  one,  and  that  (he  is  now  governed 
by  a  military  defpotifm.  I  have  read,  without  emotion,  ,the  argu- 
ments which  have  been  ufed  in  a  hireling  paper,  and  by  the  tools 
of  party  in  congrefs,  to  prove  the  nrceflity  of  having  a  large  ftanding 
army,  to  keep  in  awe- the  free  citizens  of  our  republican  govern- 
ment ;  becaufe  I  defpifed  them,  as  well  as  their  arguments  :  but,  to 
fee  thofe  arguments  row  repeated,  by  the  pen  of  a  real  and  well 
Informed  patriot,  makes  me  (hudder.  Lock  at  the  public  decla- 
rations of  '76,  in  which  you  concurred — fee  how  different  the  fen- 
timents  they  contain,  are>  from  what  you  now  avow  ;  and  then  in- 
form me  of  the  caufe  of  the  change.  It  cannot  proceed  from  any 
apprehenfions  entertained  of  internal  commotions  upon  the  prefent 
occasion,  becaufe  you  declare,  that  «'  the  unanimity  of  the  people 
of  America  is  aftonifhing  ;  and  that  Kentucky  is  the  only  difcon- 
tented  ftate  in  the  union."  I  befeech  you,  my  friend,  reconfider 
this  fubjedl,  and  do  not  put  it  in  the  power  of  the  friends  of  arbi- 
trary power,  to  quote  your  opinion  as  an  authority,  in  favour  of  one 
of  their  moft  damnable  doctrines. 

You  fay,  "  We  entertain  not  any  apprehenfions  of  danger  from 
the  French,  and  the  Spaniard,  the  cowardly  Spaniard,  is  too  much 
afraid  of  us,  to  give  us  the  leait  infult  in  future,  however  great  a 
favourite  he  may  be  in  Kentucky,"  From  the  obvious  meaning 
of  the  whole  of  this  fentence,  I  apprehend,  that  you  have  taken  up 
improper  ideas  of  the  opinions,  views  and  defigng  of  the  people  in 
this  country.  I  will  endeavour  to  give  you  a  true  representation 
of  all  of  them,  as  far  as  they  have  come  to  my  knowledge. 

Firfl — as  to"  our  difpute  with  France.  We  think  that  our  go- 
vernment gave  the  full  real  caufe  of  oifence  to  the  French  nation ; 
that  the  French  have  carried  their  refentment  of  this  injury,  to  a 

very 


rery  unjullihable  length;  that  our  government  did  not  make  uie  of 
the  bed,  or  the  mod  likely  means,  to  heal  the  breach  in  the  frieudmip 
between  the  two  nations;  nay,  that  the  ileps  which  they  have  taken, 
have  had  a  manifefc  tendency  to  widen  that  breach  ;  that  peace 
might  dill  be  obtained,  if  it  was  properly  fought  after,  although  the 
French  have  now  made  very  improper  and  unjultifiable  demands  on 
America ;  and  although  there  is  reafon  to  fuppofe,  that  they  have 
alfo  now  formed  forne  improper  views  as  to  us.  We  lament  that 
any  jud  caufe  of  offence  was  given  to  that  nation — we  recollect  with 
concern  that  effectual  means  were  not  ufed  to  bring  about  a  recon- 
ciliation with  her,  and  that  all  attempts  at  a  reconciliation  are  now 
laid  afide — we  rejoice  that  her  improper  demands  were  rejected-— 
and  we  tnink  that  effectual  defeniive  meafures  ought  to  be  taken,  to 
guard  us  againd  any  improper  defigns  that  me  may  now  have 
formed  refpecting  as — but  we  do  not  think,  that  any  thing  that  has 
happened,  could  juilify  our  government  to  their  own  country, 
either  in  commencing  or  precipitating  a  war  between  the  two  na- 
tions— and  that  even  an  actual  date  of  war,  woulc^not  have  justified 
thofe  meafures  of  their's,  which  I  have  already  obferveci  on ;  be- 
.caule  they  exceeded  their  confHtutional  powers,  and  becaufe  their 
evident  tendency  was,  by  dividing,  to  weaken  us.  As  to  the  Spa- 
niards-—fo  far  from  our  feeling  any  predilection  for  that  nation,  we 
have,  until  lately,  been  accudorned  to  view  her  with  very  unfriendly 
eyes ;  but  our  refentment  againft  her  has  ceafed  entirely,  iince  fne 
has  done  us  juilice  ;  and  we  now  wifh,  to  keep  up  with  her,  that 
friendly  andliberal  commercial  intercourfe,  which  is  fo  obvioujly  to  the 
intereft  of  both  countries — but  we  wifh  to  form  no  other  connexion 
whatfoever  with  her.  In  fliort,  we  have  no  improper  attachments 
to  any  foreign  nation — we  are  true  Americans,  having  no  political 
objects  in  view,  bin  the  welfare,  independence  and  liberty  of  our 
country.  And  if  the  time  mall  really  come  that  they  are  attacked, 
by  any  foreign  nation,  we  will  give  the  lie  to  thole  who  now  flancUr 
us— not  by  prefenting  "  loyal  and  dutiful  addrefTes" — nor  by  foii- 
eiting  for  lucrative  commiffions — nor  by  enrolling  ourfelves  in  the 
corps  of  volunteers,  which  from  their  having  been  unconditionally 
raifed  and  officered,  there  is  every  reafon  to  fuppofe  are  intended  to 
be  ufed  for  the  word  of  purpofcs — but  by  turning  out  as  freemen 
and  militia  ( the  only  natural,  fafe  and  constitutional  defenders  of 
their  country)  to  protect  and  defend  all  that  we  hold  mod  dear. 

We  have  been  repeatedly  informed,  that  it  has  been  reported  in 
the  other  dates,  that  it  is  our  svifli  and  intention  to  feparate  from 
the  union.  I  cannot  give  you  any  better  information  on  this  fub- 
ject,  than  is  contained  in  an  addrefs  from  me  to  the  citizens  of  Ken- 
tucky, from  which  the  following  is  an  extract. 

"  It  has  been  currently  reported  and  vehemently  afTerted,  that 
thofe  perfons  who  have  in  this  11  >te,  declared  their  difapprobatiou 
of  ibme  of  the  late  meafures  of  irie  general  government,  are  ac- 
tuated by  a  wifh  and  a  defign,  to  dedroy  the  conllitution  and  the 
union  of  the  United  States.  This  is  a  charge  of  an  important  na- 
ture, and  therefore  ought  to  be  fupported  by  fufficient  tedimony. 

Proof 


Proof  is  particularly  requisite  to  fupport  fuch  a  charge ;  becaufe, 
from  the  nature  of  it,  it  cannot  be  contradicted  by  positive  proof, 
as  a  falfe  charge  as  to  men's  aftions  may  generally  be.  Men's  ob- 
jects and  views  are  locked  up  in  their  own  breads,  and  can  be  fully 
known  only  to  themfelves ;  but  ftill  fuch  circumftances  may  be  col- 
lected from  their  declarations,  their  £tuation,  or  their  conduct,  as 
will  goa  great  way  in  explaining  what  their  views  really  are.  Some 
fuch  proofs  ought,  therefore,  always  to  be  given,  to  fuppoit  ?. 
charge  of  evil  defigns.  But  no  proof  of  any  kind  is  brought  to 
fupport  this  charge ;  it  reds  altogether  on  the  afiertion  cf  thofe 
making  it ;  an  afferticn,  proceeding  from  malice,  and  made  to  an- 
fwer  the  views  of  party.  The  iituation  of  thofe  again  ft  whom  the 
charge  is  brought,  affords  the  ftrongeft  prefumptive  evidence  againft 
the  truth  of  that  charge.  We  are  citizens  of  this  country,  have  our 
all  ure,  and  conlider  it  as  the  permanent  refidence,  for  ourfelves 
and  our  pofterity,  That  which  will  be  to  the  lading  and  ultimate 
irterefl  of  this  country,  muft  be  our  intereft  alfo.  Will  thofe  who 
bring  this  charge  again  (I  us,  fay,  that  it  will  be  to  the  intereft  cf 
this  ftate,  to  fepai  ate  from  the  other  itates  in  the  union  ?  They 
certainty  will  not.  Hew  then  does  it  happen,  that  we  would  wifh 
to  fee  an  event  take  place  contrary  to  the  true  intereft  of  our  coun- 
try, when  our  private  intereft  muft  in  that  refpefl  be  infeparable  from 
that  of  the  ftate  at  large.  Is  this  intereft  of  a  doubtful  nature,  or 
are  we  alone  fuch  fools  as  not  to  be  able  to  diftinguifn  it,  although 
there  has  been  no  difference  of  fenti merit  on  that  fubjecl:,  in  any 
other  part  of  America,  for  upwards  of  twenty  years  ?  If  I  under • 
(land  the  nature  of  the  charge,  it  is  not  founded  on  a  fuppofition 
that  we  have  not  undemanding  fnfiicient  to  enable  u&  to  comprehend 
what  the  real  intereft  of  our  country  is ;  but  that  vve  are  wicked 
enough  to  wifh  to  fscrifice  that  interest,  to  our  fuppofed  private 
3.  But,  before  we  ought  to  be  fufpe-fted  of  having  finned 
intentionally,  it  fhould  be  fhown  that  we  had  fome  temptation  to 
commit  that  fin.  I  afk  then,  what  are  thofe  private  views  which 
are  fuppofed  to  have  influenced  our  conduct ;  and  what  are  the  per- 
fonal  advantages  which  could  be  expecled  by  rational  men  iituatecl 
as  vve  are,  which  could  be  fuflicient  to  compenfate  us  for  the  ruin 
and  dellruction  which  would  certainly  be  brought  upon  our  country 
and  pofterity,  by  the  adoption  of  fuch  a  rneafnre.  Can  the  wifeft 
man  arnongft  us  forefee,  if  a  feparation  (hcuM  take  place,  what 
would  be  our  political  Situation  ?  If  he  cannot,  how  can  he  afcer- 
tain  that  that  feparation  would  promote  his  private  views  ?  And 
would  ary  man  it  his  fenfes,  wifnto  fee  fuch  an  attempt  made,  with 
all  its  attendant  dangers,  onlefs  he  faw  clearly  that  if  it  fucceeded, 
it  would  certainly  procure  him  great  private  advantages  ?  He  cer- 
tainly would  not.  If  then  no  fufncient  reafor.  c?.n  be  fuggefted  from 
our  prefent  iiiuation,  or  from  our  future  profpefts,  why  we  fhould 
be  fuppofed  to  wifh  to  fee  a  feparation  take  place  ;  have  we  jufti- 
fied  the  charge  which  has  been  brought  againft  us,  by  any  de- 
claration that  this  is  our  wifh  ?  Examine  our  public  declara- 
*  on  this  fubjecl:,  they  uniformly  hold  a  different  language,  and 

thofe 


thofe  declarations  are  acknowledged  to  be  in  Met  conformity  to  our 
intereft  ;  they   ought,  therefore  to  be  considered  as  expreffmg  our 
true  fentiments,  until  fome  fufHcient  evidence  is  given  to  prove  the 
concrary.     If  our  private  declarations  have  contradicted  thofe  which 
we  have  made  in  public,  let  it  be  proved,  and  I  will  then  agree, 
that  there  is  fufHcient  reafon  to  believe  that  our  public  declarations 
are  deceitful ;  but  until  fome  proof  cf  this  kind  is  brought,  it  ought 
to  be  fuppofed,  both   from  our  real  intereft  and  our  public  declara- 
tions, that  we  really  are  warmly  attached  both  to  the  conftitution 
and  the  union  of  the  United  States.     Nothing  can  more  juftlv  bring 
dicredit  upon  accufers  of  any  kind,  than  their  naming  one  fet  of  per- 
fons  as  being  guilty  of  the.  charge,  at  one  time  and   place  ;  and  a 
different  fet  at  another  time  and  place.     This  is  exactly  the  fituation 
of  our  accufers,  upon  this  occafion.     When  this  charge  is  brought 
forward  in  this  ftate,  it  is  confined  to  a  few,  and  it  is  unequivocally 
declared,  that  the  body  of  the  people  are  innocent  of  it  ;  but  when 
it  is    mentioned  in  any  other  (late,  the  charge  is  then  extended  to 
the  Hate  at  large  :  From  this  it  appears  that  there  is  a  double  object 
in  making  this  falfe  charge,  firft  to  deceive  the  bulk  of  the  people 
ia  this  ftate,  as  to  the  views  of  a  part  of  their  fellow  citizens ;  an(J^ 
tlien   to  give  the  inhabitants  of  the  other  ftates  falfe  imprefiions  as 
to  the  real  objects  of  the  people  at  large  in  this  ftate  :  and  to  anfwer 
the  real  object  of  the  charge,  which  is  to  deceive  whenever  it  is 
made,  it  is  neceiTary  to  confine  it  to  a  few,  when  it  is  ftated  here, 
and  to  make  it  general  when  it  is  exhibited  in  the  other  itaces.     To 
give  this  charge  forne  colour  of  truth,  when  they  find  that  they  can 
adduce  no  teftimony  to  fupport  it,  thofe  who  make  it,  fay,  that  im- 
lefs  we  are  actuated  by  fuch  a  defign  as  they  falfely  attribute  to  us, 
that  no  fufHcient  caufe  can  be  aifigned  for  our  prefent  political  con- 
duct.    Great,  indeed,  muft  have  been  the  change  which  has  taken 
place  in  the  fentiments  of  the  people  of  America,  if  they  cannot  fee 
a  fufHcient  caufe  for  our  prefent  conduct,  in  the  belief  which  i* 
ftrongly  impreffed  on  our  minds,  that  our  liberties,  and  the  conftitu- 
tion. of  our  country  are  in  danger  :  although  they  may  not  (;: 
things  in  the  fame  point  of  veiw  that  we  do,  they  certainly  ought 
to  acknowledge,  that  as  long  as  we  are  under  the  influence  of  thelb 
imprefTions,  that  that  alone  will  be  fufficient  to  account  for  our  pre- 
fent conduct.     They  cannot  deny  the  truth  of  this  pofition,  u- 
they  feel  a  conviction  that  they  have  now  become  fo  indifferent  c. 
their  liberties,  as  to  be  incapable  of  making  a  ftruggle  in  their  de- 
fence, when  they   Ihall  confider  them  as  being   really  in  danger. 
The  different  mediums  through  which  we  view  our  prefent  political 
queftions,  will  naturally  caufe  us  to  form  dilfcrent  opinions  concerning 
them ;  but,  from,  the  opinions  which  we  have  really  formed  as  to 
them,  thofe  who  differ  with  us  in  opinion,  ought  to  be  fatisfled  that 
oar  prefent  conduct  proceeds  from  the  (trongei!  aJUchmfnt,  a.?ul 
not  from  enmity  to  the.conftituticn  and  the  uaion  of  thy  United  States : 
b-'cauie,  as  the  union  is  fupported,  and  can  L  v'  the* 

confutation,  and  as  that  conititutioa   cannot  le 
•fi'  it  i?  considered  as  lacred  :  r_hcf?  sr?  th?  on! 


who  endeavour  to  preferve  that  conftitution  from  violation* 
Frcm  the  juft  indignation  which  you  mutt  feel  at  having  the  fenti- 
rr  e'-ts  of  the  ftate  at  large  upon  this  important  fubjecl,  io  much  mif- 
reprefented  in  other  ftates  ;  from  a  knowledge  that  thcfe  who  bring 
this  charge  againft  us  here,  before  you  ;  exhibit  the  fame  charge* 
againft  you  in  the  other  Hates  before  the  people  of  America  ;  you 
ought  to  liften  with  great  caution-,  to  thofe  charges  which  are  brought 
here,  againtt  iome  of  your  fellow  citizens.  You  mould  always  re- 
coiled, that  whenever  it  is  found  that  you  cannot  be  deceived  as  to 
rneafures,  that  the  next  moll  dFe&nai  ftep,  is,  to  try  to  deceive  you 
as  TO  the  views  of  thofe  who  oppofe  thofe  meafures  ,  becaufe  it  is 
well  known,  that  if  you  can  be  fatisfied  that  their  oppofition  pro- 
ceeds from  bafe  and  improper  motives,  that  a  part  of  the  juft  indig- 
na  ion  which  you  would  then  feel  againil  them,  would  be  transferred' 
to  the  oppcfjticn  i-tfeif.  Prudence  .is  well  as  charity  therefore  re- 
quires that  you  fnould  believe  no  fich  accufation  until  it  is  proved, 
and  then  only,  as  to  thofe  againit  whcrn  it  is  proved. 

I  have  {aid  fo  much  as  to  the  truth  of  the  charge,  confidering  it 
as  involving  others  as  well  as  rttyfelf ;  I  have  ftated  my  opinion 
and  belief,  that  it  is  fnlYe  as  to  them ;  fo  far  as  I  am  involved  in  it, 
I  know,  and  declare  k  to  be  faHe.  From  the  declaration  of  inde- 
pendence, to  this  day,  I  hare  been  uniformly  and  warmly,  a  friend 
to  the  union  of  America  ;  front  trie  time  cf  publifbing  the  prefent  con- 
iUtutton  of  the  United  States,  by  the  convention  which  formed  it, 
tf>  this  day,  J  have  been  uniformly  and  warmly  a  friend  to  it  :  and 
I  have  proved  my  attachment  to  both,  as  well  by  my  actions  as  my 
words.  No  action  of  my  life,  can  be  brought  forward,  which 
ought  to  caufe  a  fufpicion  of  the  reality  of  my  attachment  to  either 
of  them.  The  reality  of  that  attachment  was  never  doubted  before 
I -came  to  this  country  ;  the  foregoing  letters  will' prove  that  the  go- 
vernment has  given  me  no  perfonal  caufe  of  diiguft  fince  I  came  here ; 
and  I  defy  any  man  to*  fay,  that  during  my  refidence  of  nine  years 
ard  a  half  in  this  itaie,  he  hais  ever  heard  me  utter  a  word,  which 
could  prove,  that  1  did  not  dill  feel  thefe  attach nrents  in  the  ftrongeft 
degree  :  when  it  is  recollected  that  I  now  differ  in  fentiments  front 
feveral  with  whom  I  formerly  converfed  freely  and  confidentially, 
on  political  fubjecls,  this  appeal  ought  to  have  its  due  weight.  I 
sKo  declare,  that  fo  far  from  my  thinking  thst  a  reparation  of  the 
union  would  be  proper  or  my  wiming  to  fee  it  take  place,  that  I  am, 
and  always  have  been  firmly  of  opinion,  that  it  would  be  deltruc- 
live,  and  equally  fo,  to  every  part  of  the  United  States ;  and  that 
if  fuch  an  attempt  fhouid  be  made,  thac  I  would  oppofe  it  by  every 
ineans  in  my  power  :  and  I  do  aflert,  that  fo  far  from  my  being 
privy  to  any  fuch  defign,  I  do  not  believe  that  any  fuch  defign  does 
cxill  in  this  itate  ;  and  that  during  my  reudence  in  this  country,  I 
have  never  heard  even  one  man,  exprefs  an  opinion  that  it  ought,  or 
a  wifh  that  it  fhouid  take  place. 

*  ]  flatter  myfelf  that  thefe  observations  will  be  fufficient  to  remove 
any  ur.juft  irnpreflions  which  have  been  made  on  your  mind,  as  ta 
our  opinions  and  deiigns.     But,  fince  you  h«vs  mentioned  th-e  Spa- 
niard ST 


(       25       ) 

niards,  I  will  inform  you  what  Qvr/i$ici&ns  are  of  the  views  of -our 
government  towards  that  nation.  The  war  in  which  we  are  engaged 
with  the  French  nation,  promlfes  no  potlible  advantages  ;  th ;r^- 
fore,  although  trie  people  of  America  may  have  been  deceived  fo 
fir  as  to  induce  them  to  confent  to  enter  into  the  war,  the  blood  aad 
treafii'-e  which  mail  n^coflarily  be  expended  in  its  profecution,  with- 
out a  chance  of  a  beneficial  return  of  any  kind  ;  will  foon  make  them 
iick  of  iuch  a  war ;  and  open  their  eyes,  as  to  the-arts  wnich  forced 
them  into  it.  Bus:  a  war  with  Sp^in,  would  hold  out  all  the  allure- 
ments arifing  from  the  profpecl  of  conquering  a  rich  and  weak  coun- 
try ;  and  as  the  Spaniards  are  no>v  cotiiidered  by  our  government* 
as  tf  a  cowardly  people,"  they  probably  view  that  profpeft  as  a 
very  certain  one  ;  and  for  this  reafon,  a  war  with  Spain  as  weH  as 
Fr.ince,  feems  to  be  nec^lTary,  to  complete  the  war  fyllem  of  ou 
rulers  ;  aad  if  war  with  all  its  attendant  powers,  armies,  navies 
&c.  &c.  has  been  their  real  object ;  and  if  die  improper  conduct  o^ 
the  French  nation  was  only  made  ufe  of  as  a  pretext  to  obtain  than 
object ;  there  may  be  flrong  reafon  to  apprehend  that  fuch  a  line  o- 
con  duel:  will  be  purfued,  as  wil!  prevent  that  war  from  being  termi 
naied  too  foon.  But  you  will  recolleft  that  I  ftate.thts  as  a  fufpiciorT 
only,  which  may  therefore  prove  to  be  groundless,  however  ftrong 
th  :  grounds  on  which  it  is  built,  may  now  appear  to  be  ;  and  howe- 
ver gr-atly  that  fufpicion  hath  been  itrengthened  in  my  mind,  by 
fame  ifa£h  which  have  corne  to  my  knowledge. 

You  fay,  "  we  think  //'Kentucky  cannot  pay  a  continental  tax  of 
thirty-iix  thoufand  pounds,  when  absentees  pay  fo  great  a  proportion 
of  it,  that  her  opinion  on  the  tuhj?£t,  cannot  weigh  very  heavily  in 
the  fcale :  efpecially  as  (he  is  the  vveakeft  ftnte  but  one,  in  the  union, 
and  the  only  difcontented  one  "  It  has  long  been-a  prevailing  opi- 
nion with  a  certain  party  in  America,  that  none  but  "  the  wealthy 
and  the  well-born, "  ought  to  have  any  fhare  in  government ;  and 
the  people  have  been  r^prefenfr  d  on  the  floor  of  congrels  ss  tc  an  ig- 
norant herd,  who  could  evilly  be  cajoled,  flattered  and  deceived  ;'* 
but  this  is  the  firft  time,  as  far  as  I  know,  at  leait,  that  this  doftrine 
h.ith  been  applied  to  any  of  the  fovereign  and  independent  dates, 
which  make  a  part  of  the  union.  If  fron  our  poverty  and  the  fmall- 
nefs  of  our  number,  the  opinion  of  the  ftate  of  Kentucky  ought  to 
weigh  but  little  in  the  fcale,  the  fame  reafons  ought  to  make  the 
claims  upon  her  for  taxes,  very  light  alfo  :  but  as  long  as  we  find 
that  thefe  are  eLormoudy  heavy,  we  cannot  confent  that  the  other 
(hall  be  confidered  as  weighing  nothing  :  the  conititution  declares 
that  the  weight  of  the  one  (hall  be  in  proportion  to  the  amount  of 
the  other  ;  and  that  each  itate,  as  well  as  each  freeman  in  the  United 
States,  whether  rich  or  poor,  iTiall  have  an  equal  right  to  exprefs  his 
fer.tirnents  on  all  public  queftions.  But,  hnw  do  you  come  at  the  fum 
of  thirty-fix  thouiand  pounds,  as  being  the  amount  of  our  continental 
tax  I  We  will  thark  you  if  you  will  prove  that  it  will  come  to  no, 
more.  Our  proportion  of  the  direct  tax  of  two  million  of  dollars^  is 
thirty-feven  thoufand,  fix  hundred  and  forty-four  dollars,  and  this  is 
the  proportion  which  is  taken  from  the  lail  cenfus,  but  it  is- reduced 

D  to 


to  a  certainty,  that  a  new  cenfus  would  increafe  that  proportion  more 
than  one  third.  But  this  direct  tax  produces  only  a  very  (mall  part  of 
the  mm,  which  is  no'.v  required  bv  government,  from  the  people,  by 
way  of  taxes  ;  for  I  find,  by  an  eftimaie  before  rn?,  that  the  whole 
expenditure  of  government,  as  now  authorized  by  law,  may  amount 
in_the  prefent  year,  to  twenty-one  million,  three  hundred  and  twen- 
ty-one thoufand,  feven  hundred  and  eighty- fix  dollars,  without  in- 
cludino:  any  part  of  the  exrences  whicn  wi.l  be  caufed  by  the  volun- 
teers, if  they  fhould  be  called  into  fervice.  Of  this,  our  proportion 
would  come  to  four  hundred  and  one  thonfar.d,  three  hundred  and 
thirteen  dollars,  according  to  the  prefent  cenfi>s,  and  if  you  add  to 
this  Aim  the  additional  third,  that  the  new  cenfus  vvou-d  oblige  us  to 
pay,  we  fhall  after  a  new  cenfus  takes  effect,  upon  the  fame  annual 
amount  of  taxes,  have  to  pay  as  our  proportion  of  them,  the  fum 
of  five  hundred  and  thirty  five  thoufand  and  eighty. ;:hre?  dollars.  I 
know  that  a  great  part  of  the  money  that  will  be  paid  to  the  govern- 
ment, will  be  railed  by  the  impofl  and  the  excife  ;  but  I  am  alfo 
well  aiTured,  that  we  (hall  pay  as  much  more  than  our  proportion  of 
the  cxclfe,  as  we  fhaa  pay  lefs  than  our  proportion  of  tr.e  impoft,  if 
that  fad  is  really  fo,  which  I  do  not  admit  to  be  the  cafe,  i  have, 
from  this  view  of  the  fubject,  no  hefitation  in  declaring,  that  make 
the  eilimate  of  what  we  fhall  actually  have  to  p^y,  in  any  way  you 
will,  th?.t  the  amount  mufl  great! y  exceed  our  abilities,  I  am  nappy 
to  hear  that  your  country  is  in  fo  flourifhing  a  condition,  as  to  be 
able  to  ray  her  proportion  of  this  fum  "  with  pleafure;"  but  fhall 
be  better  pleafed,if  the  experiment,  when  actually  ma^e,  fhall  prove 
that  this  is  really  the  cafe  ;  for  I  apprehend  that  you  may  have  been  as 
much  miilaken  in  the  real  amount  of  her  proportion,  as  you  was  in 
that  of  Kentucky.  Virginia's  proportion  of  the  tivo  million  of  dol- 
lars, was-  three  hundred  and  forty- five  thoufand  four  hundred  and 
c:e  t, -.-'iaht  uoliirs,  and  of  confequence,  ner  proportion  of  twenty- 
o*  e  million,  three  hundred  thoufand,  will  be  three  million,  fix  hun- 
dred and  eighty-five  t'ioufand,  two  hundred  and  fivecl.»linis. 

You  fay  "  JtfFej  fen  and  his  adherents  are  fallen  into  the  utmoft 

contempt ;  and  the  fa-flions  members  with  us,  ax&fculking  ^"like  the 

owls  at  the  riling  of  the  fun.      With  few  exceptions  (and  there  will 

•</s  be  fome  ftrange  wrong  headed  creatures)  the  unanimity  of 

the  people  is  ailoniihing."     I  am  happy  in  having  an  opportunity 

cf  declaring,  when  it  can  be  ittributed  to  no  improper  motive,  t.iat 

c  long  iinge,  changed  the  unfavourable  opinion,  which  I  once 

Jonncd  of  that  gentleman's  political  conduct,  and  that  I  confider 

him,  as  one  of  the  moft  vi>  tuous,  as  well  as  one  of  theableft,  of  the 

icr.n  patriots.      My  information  has  led  me  to  form,  a  different 

opinion  from  what  you  have  done,  as  to  the  general  fentiments  of 

iiu-  ; ;,:cpK:  in  Virginia,  and  as  to  the  degree  of  eiteern,    in  which, 

what  you  call  ycur  "  factions  members,"  are  held  by  their  conftitu- 

I  have  been  told,  that  except  where  forne  of  your  prefent  re- 

tio  would  certainly  have  been  re-elected,  if  they  would 

to  i;,   have  declined  offering  their  fervice  again,  on 

.:,;t  cf  ;li-'..ir  L\vi  health,  on  from  ucmeilic  confideratior.3 ;  that 

the;  e 


there  will  be  very  fs\v  changes  made  in  your  preferit  reprefentation  ; 
and  that  where  the  prefent  republican  reprefentativ^s  are  willing  to 
ferve  again,  and  are  oppofed  by  ariitoc  'ats,  that  the  latter,  know- 
ing that  tie  bulk  of  the  people  do  not  think  with  th^m,  are  fo  far 
from  avowing,  in  an  open  and  manly  manner,  the  fentiments  of  their 
party,  that  they  aflir'e  the  people  that  although  they  do  differ  with 
them  in  fentiment,  in  fome  things,  that  that  difference  is  not  as  great 
as  it  has  been  reprefented  to  be,  and  that  as  far  as  they  do  differ  with 
them,  they  will,  if  they  are  elected,  facrifice  tiie-ir  own  opinions  to 
thofe  of  their  conftituenrs,  if  t'ley  «iil  inftruit  them  on  the  fubjects 
conflituting  that  difference.  If  thefe  facts  are  fo,  they  prove  un- 
quellionably,  that  they  are  confcu.us,  that  they  do  not  pofTefs  the 
confidence  of  the  people ;  and  that  they  cannot  be  elected  bat  upon 
the  humiliating  condition,  of  tiieir  promiiing  beforehand,  to  advo- 
cate principles  which  they  di ("approve  ;  and  thefe  facts  would  alfo 
have  juftiiied  you  fully,  if  inftead  of  faying  "  that  the  prefent 
members  were  flcalking  off/'  you  had  declared,  that  their  opponents 
were  tf  trying  tofneak  i:iio  r$ce" 

You  fay  tl  the  Created  confidence  is  placed  in  our  firm  old  pre- 
iident,  and  the  glorious  Wafhinglon." 

We  do  not  place  the  greateft  confidence  in  our  prefent  prefident, 
becaufe  we  think  his  political  and  official  conduct  do  not  merit  it. 
The  bounds  of  a  letter,  which  is  already  too  long,  will  not  permit 
my  now  ftating  the  reafons  of  that  opinion;  but  you  will  probably 
foon  fee  them  at  large.  The  citizens  of  this  country  have  always 
entertained  the  moil  exalted  ideas  of  the  talents,  as  well  as  the  vir- 
tues, of  our  late  prefldent :  but  we  cannot  put  implicit  confidence 
in  any  man's  opinions ;  neither  can  we  be  duped,  by  an  expectation 
of  receiving  a  kind  of  fervice  from  him,  which  his  prefent  Situation 
as  Commander  in  chief,  will  not  enable  him  to  render.  When  he 
was  prefident,  he  had  it  in  his  power,  and  it  was  his  duty,  to  dictate 
the  meafures  which  were  to  be  purfued  ;  but  as  commander  in  chief, 
he  has  no  hand  in  dj^ecting  public  meafures,  and  is  equally  bound 
with  a  corporal,  txTobey  thofe  that  are  directed  by  others.  His 
influence  and  his  talents,  may  have  a  great  effect  in  carrying  into 
execution  thofe  meafures  which  are  dictated  by  others ;  and  if  thofe 
meafures  are  wife,  jult  and  constitutional,  his  fervices  as  a  general 
will  produce  the  happiefc  conlequences.  But  if  thofe  meafures  mould 
be  weak,  deftructive  and  unconstitutional,  then  the  great  fupport  they 
would  receive  from  his  name  and  talents,  would  be  the  greateft  of 
misfortunes  to  his  country.  As  commander  in  chief,  we  may 
fafely  calculate  on  receiving  the  molt  elfential  fervices  from  him, 
againft  any  invading  foreign  enemy  ;  but  as  commander  in  chief, 
we  cannot  derive  any  aid  from  him,  againft  domeftic  tyranny,  and 
violations  of  our  conititucions.  No  man  doubts,  if  we  are  ever 
male  f abject  to  fuch  a  tyranny,  but  that  it  will  be  produced  by 
violations  of  oar  conftitution,  by  thofe  who  are  inveited  with  the 
powers  of  government :  but  the  armies  of  the  United  States  are 
raifed  by  their  order;  thofe  armies,  are  probably  now  to  be  ftanding 
armies,  unconnected  with  the  people,  and  having  a  feparate  and 

diftinct 


*3     ) 

difiinft  intereA  from  them  :  all  their  officers  are  to  be  apoointcd  by 
one  man,  and  to  be  entirely  dependent  on  him  for  their  continuance 
•in  commiiTion  :  even  the  commander  in  chief  could  be  difmiiT  d  by 
the  prefident  at   any  moment  he   thought  proper,   by    a    "    Sir, 
'J   have  no  further  occafion  for  your  ferviccs."      Where    then  is 
the  fecurity  which   can   be  derived,  cr  ought  to  be  calcula  ed  on, 
from  his  being  in  cilice,  when  the  time  of  his  continuing  in  office 
depends  upon  the  arbitrary  will  and  pleafure  of  another  ;   and  \vhen 
at  the  very  moment  that  h  s  being  in  office,  might  be  really  impor- 
tant, he  would  be  liable  to  be  difcharged  from  it?     When  you  en- 
truft  the  exerc'fe  of  power  to  a  virtuous  man,  you  ate  late  ;  but  if 
the  man  to  whom  the  power  itfelf  is  cntru (led,  is  vu?iius,  no  fecurity 
can  be  derived  from  a  temporary  appointment,  or  one  during  his 
pleafure,  made  by  him,  of  an  angel  to  exereife  a  part  of  that  power, 
under  his  orders ;  becaufe  the  angel  muft  obey,  and  becnufe  he  \*i\l 
be  exchanged    for  a  different  character,    whenever  meafures  are 
brought  into  fuch  a  ftate,  as  to  require  a  different  character  to  exe- 
cute them.     But  it  may  be  faid,  that  if  our  prefent  commander  in 
chief  ibould  ever  be  convinced,  that  the  meatures  which  were  to  be 
executed  by  him,  had  an  evil  and  deltruftive  ten  lency,  tha*   he 
would  refign  his  cOmmiffion,  and  found  the  alarm  of  danger  to  the 
people  of  the  United  States.     Admit   that  this  would  be  the  cafe, 
and  yet  this  very  argument  proves  the  julinefs  of  the  idea,    Mat 
there  is  no  fecmity  to  liberty  from  his  bting  in  the  prefect  office  ; 
becaufe,  if  the  only  proper  and  hcneft  ftep  he  could  take,  upon  his 
beincr  convinced  that  dangerous  defigns   vver.    formed  a  gain  ft  the 
liberties  of  his  country,  would  be  to  refign  his  office  ;  what  fecurity 
can  be  derived  from  his  now  being  in  office,  when,  even  if  he  is  not 
difmifTed  from  it,  he  mult  confcientio'ifly.  retire  from  it,  as  foon  as 
the  hour  of  danger  to  our  liberties,  ftiall  in  his-cpinion  arrive.      For 
although  his  resignation,  and  his  declara'ion  of  the  reafons  which 
caufed  it,  might  have  a  great  effeft  on  the  minds  of  ths  people,  they 
would  probably  be  made  too  late  to  produce  a  change  in  public  rnea- 
iures ;  becaufe  the  fchemes  again  it  the  liberty  of  our  country,  would 
then   1  e  ripe  for   execution ;    and    the    means    which   thofe  who 
planned  thofe  fchemes,    would  have  been  long  accumulating    for 
their  execution,  would  be  an  overmatch   for  any  oppofition  which 
could  then  be  made  to  them.     We   deceive  ourfelves  greatly,  if 
we  fuppofe,  that  the  virtues  or  popularity  of  any  general,  would 
upon  his  reiigning  his  com  million,  or  his  being  difmiffed  from  the 
fervice,    produce  any    convuHion  or  dangerous  commotion,    in   a 
(landing  army.     In  fuch  an  army,  both  officers  and  foidiers  know, 
that  their  pay  and  fupport  do  not  come  from  him,  but  from  the 
hand  which  appointed  him.     If  then  the  keeping  of  their  commif- 
flons  and  that  pay,  were  their  great  and  leading  objects,  in  cafe  of 
a  quarrel  between  the  prefident  and -their  general,  they  would  never 
take  part  with  the  latter,  when  they  knew  that  the  finl  could  dif- 
rnifs  them  at  a  word  altogether  from  the  fervice,  and  when  all  that 
the  other  could  do,  would  be  to  recommend  them  as  proper  per- 
fbns   to  fill  dccafional  vacancies,     Bdides,  although  this  limited 

kind 


kind  of  patronage,  muft  necetfarily  give  the  general  who 
it,  the  means  of  making  himfelf  many  friends,  the  cxercife  of  it, 
will  alfo  make  him  a  much  greater  number  of  enemies ;  as  the  num- 
ber of  thofe  who  will  expert  promotion,  will  always  gnatiy  exceed 
that  of  thof.%  who  will  actually  meet  with  it.  In  conlequet.ee  of 
this,  the  difsppcintcd  will  always  ccnilitute  a  great  majority  of  the 
officers  in  the  army  ;  and  k  is  to  be  prefumed,  that  a  change  which 
would  give  them  a  char.ce  of  being  more  fuccefsful  in  their  applica- 
tions for  promotion  to  a  i:ev/  general,  would  be  pleafing,  rather 
than  othenvile,  to  them.  The  hiftory  of  th-e  French  revolution  af- 
fords abundant  examples  to  juflify  thefe  ideas.  We  there  fee,  the 
rnoft  popular  generals  retiring,  difmilFed  and  beheaded,  without 
its  having  had  the  fmalleft  effecl  in  the  army.  Under  fuch  a  go- 
vernment, and  fuch  a  fit  nation  as  ours,  a  popular  military  character 
may  be  of  infinite  fervice  to  an  ambitious  man,  in  raifing  an  army, 
and  in  keeping  every  thing  in  order,  until  he  fuppofes  his  power 
fufficient  to  execute  his  purpo'e,  and  until  his  fchemes  are  ripe  for 
execution  ;  and  then,  if  this  popular  character  is,  from  his  being  a 
.virtuous  man,  an  improper  inilr eminent  for  the  -execution  of  thofe 
ichemes,  he  will  be  laid  aflde  as  ufelefs,  or  fccnrked,  as  may  be 
.thought  mo  ft  proper  under  the  exi  fling-  circumftances.  Many  in- 
fiances  exiit  of  the  lad  kind,  in  the  hiilory  of  all  court  ies ;  and  a 
fliikingtme  of  the  firft,  in  the  hiilory  of  Enghnd,  during  the  time 
of  the  comincnvve?-!th.  Fairfax  wat  the  commander  in  chief  of  the 
??rmy  ;  he  was  a  fuccefsfnl  and  a  popular  general,  and  a  virtuous 
.man.  He  was  kept  in  office  until  the'  plans  of  thofe  who  medicated 
a  change  iu  the  government,  were  ripe  for  execution.  They  k  .e%v 
that  he  would  never  canfent  to  that  charge,  ar>d  the .cosnmard  of 
the  army  was  then  put  into  other  hands.  This  alteration  uas  i  :ide, 
without  its  caufing  any  fenfible  alteration  in  t'ie  temper  of  the  r.i-my ; 
other  officers  were  readily  found  to  do  what  he  would  not  have  <ione, 
and  the  army  was  made  theinilrurnent  to  deitroycven  the  fhadow  of 
liberty.  What  has  happened,  m^y  happen  again  ;  ard  when  we 
are  calculating  on  its  probability,  we  iliould  recollecl:,  that  the  mo- 
narchy-loving Hamilton  is  now  fo  fixed,  as  to  be  able,  with  one  ftep, 
•to  fill  the  place  of  our  prefent  commander  in  chief. 

You  fay,  "  ninety  thoufand  volunteers  have  offered  their  fervices, 
and  been  enrolled,  to  march  with  the  utmcft  promptitude  again!!: 
foreign  or  dcrmedic  fees.  If  you  oppofe  the  laws,  you  will  fooit 
have  old  Morgan  among  ft  you,  at  the  head  of  fifteen  or  twenty 
thoufand."  J  iviP  sffert  with  confidence,  becaufe  I  know  that  I 
cannot  be  contradicted  with  tiuth,  that  there  is  not  only  no  aclion, 
of  ours  in  the  prefent  bufmefs,  which  ought  to  be  confidered  as  im- 
proper, but  that  there  is  not  even  a  tingle  fentiment:  wliich  we  have 
uttered,  whi'.h  can  be  pointed  out,  as  worthy  of  cer.fure.  See  our 
refolves  throughout  the  itate  ;  they  breathe  one  uniform  fpirit  of 
attachment  to  the  unioi1,  and  to  the  conftitution  of  the  United  States, 
find  our  fixed  purpofe  of  defending,  them  aguiriir.  any  enemy  :  ic  is 
true,  they  go  further,  and  exprefs  in  ilrong  terms,  the  dete-mi  eci 
refdhrtioii  of  cur  fouh^  that  we  will  facriftce  every  thing  we  held 

dear, 


(    so    5 

dear,  bc.fcre  our  ineftimable  liberties  fha^  be  torn  from  us,  either 
by  "  foreign  or  domeftic  foes."    Are  thefe  declarations  the  caufes 
of  iheoifence  taken  at  our  conduct  ?    Do  ihey  conflitute  our  deadly 
fin  ?      And  ;s  it  for  having  made  them,  that  we  are  now  threatened 
\v:th  being1  dragooned  by  that  army,  which  was  "  raifeci   to  keep 
p  -nee  at  home?"     But  let  this  threat  have  been  caufed  by  what  it 
nn-  .  i*  'vill  beineffcSttal.      Confcious  that  we  \vifh  nothing  that  is 
impr  per  5   -hit  both  our  declarations  and  aflions  have  beerTin  ftrift 
c-nsfot  ••  ..(•••  with  our  double  duty  as  freemen  and  citizens,  vve  ihall 
T     r»pve»e  in  the  prorer  difcharge  of  that  duty,  regard!efs  of  the  con- 
»      ^nc  s :  and  f  >  fa-  from  being  intimidated  by  fuch  threats,  they 
i          -o  :>!'  ourfo.mer  apprehenfions  of  danger  to  our  liberty,  from 
the  late  meat  u  res  of  our  government ;  for,  if  the  new  powers  and  force 
par  into  their  hands,  had  been  placed  there  with  a  good  defign,  they 
would  not  fo  foon  have  dared  to  threaten  to  ufe  them,  for  the  molt 
wicked  of  purpofes.    So  far  from  our  confidering  it  as  a  reflection  to 
have  i:  faid  of  us  that  we  a-e  the  only  difcontented  Rate  in  the  union, 
W:  rrjo'ce,  if  lhat  is  really  fo,  that  it  will  be  recorded  in  the  page 
of  hi. 'lory,  that  "  the  poor,  weak  and  delpifed"  (late  of  Kentucky, 
was  the  only  ftate  in  the  union,  which  as  a  ftatr,  declared  its  oppo- 
fition  to  thofe  unconflitutiona?  ads  of  the  general  government*  which 
threatened  with  the  impeiucfity  of  a  torrent  to  fweep  all  our  liberties 
be/',  re  them.     But  I  cannot  believe,  that  the  facl  is,  that  this  is  the 
onlv  Oate  in  the  union,  which  judges  properly  of  thefe  meafures, 
and  which  will  difcover  a  juit  abhorrence-of  them.     If   no  other 
ilate  in  the  union  thinks  as  we  do,  Virginia,  the  ancient,  the  great, 
the  powerful,  the  rich  and  the  republican  liate  of  Virginia,  ilill  re- 
mains free    and   independent ;  and   if  (he  had   not  dared  to  vote 
ao-ainll  our  prefident,  from  a  difiike  to  his  political  fentiments ;  if 
(lie  had  not  lliii  retained  her  republican  principles  ;  and  if  fhe  had 
rot  thought  and   been  determined    to  aft,  as  we  have  done ;  fhe 
would  not  have  been  grofsly  infulted,  by   a  threat  made  by  a  fer- 
<vant  of  the  people,  that  me  fhouid  be  "  humbled  in  the  duft  and 
afhes."     A  threat  the  more  intuiting,  becaufe  it  was  unprovoked  ; 
not   being  caufed  by  any  thing  which  had  then  been  done  in  that 
Hate,  but,  proceeding  from  an  anticipated  fear,  that  fhe  would  do 
fomeihirg,  wnich   tht  fervant  cling  the  threat  was  plrafed  to  fup- 
pofe,  would  be  improper.     But  difgraceful  and  humiliating  as  the 
condition  of  Virginia  was,  when  labouring  under,  without  reienting, 
this  grofs  infult  ;  it  is  now  done  away,  /'/  is  buried  entirely  in  the  re- 
collection  of,  that  never  to  be  forgotten,  that  never  to  be  equalled 
c/fnce;,ihSLt  trecjon  againft  the  majeily  of  the  people,  which  was  com- 
mi r ted  by  ifat  fwvant  of  a  ferwant,  who  when  a  conftitutiona]  ad- 
drefs  was  fent  to  him,  as  an  officer,  by  the   free  inhabitants  of   a 
large  county,  to  be  delivered  to  the  prefident,  returned  it  with  a 
pofitive   refufal  to   comply   with   their  requeft  ;  accompanied  alfo, 
with  the  moil  fcandalcus  abafe  of  them,  and  their  fentiments.  O  Vir- 
ginia, whither  has  that  unconquerable  fpirit  fled,  which  was  once 
the  admiration  of  the  world;  which  ilimulated  you-  to  be  the  fore- 
moir,  in  railing  the  itaadard  of  oppoiitior.  to  a  tyrsr.r,  ahhough  he 

was 


(     3'     ) 

was  the  abfolute  mailer  of  ihe  force  and  refources  of  three  king* 
dcms  ?  Is  that  fpirit  evaporated  and  gone,  or  is  it  funk  fo  lo,\ ,  as 
to  fufFer  you  to  crouch  at  the  threats  of  your  own  fervant,  andy«£wt>>, 
with  patience,  totheinfolence  ®i  tbe  fer-v  ant  of  that  /truant  ?  <f  The 
lion  is  not  dead,  he  flunibers  only  ;"  roufe,  rouie,  my  countrymen, 
once  more  put  on,  and  ufe,  the  determined  countenances  and  lan- 
guage of  freemen  ;  you  need  only  declare  that  you  will  Se  free,  to 
be  fo  in  reality.  This  is  a  time  of  iiruggle,  of  fervants  againil  their 
mailers  ;  if  the  mailers  do  not  iupport  their  authority,  they  niuft, 
tiiey  will,  change  places  with  their  fervants,  and  in  their  turn  be- 
come "  hewers  of  wood  and  drawers  of  water."  But  all  that  is 
necefFary  to  be  done,  is  for  the  mailers  to  declare,  that  this  mail  never 
be  the  cafe  ;  as  foon  as  the  fervants  are  really  convinced,  that  this  is 
the  determination  of  their  matters,  their  *'  indignant  fro.vns"  will 
give  place  to  the  mod  courtly  {miles,  which  will  than  overfbread 
their  countenances,  as  they  now  do,  thofe  ofyoar  "  would  be  re- 
prefentatives,"  Office  and  its  powers  and  emoluments,  are  their 
object  ;  they  will  get  and  obtain  them,  on  their  own  terms  if  they 
can;  but  if  they  cannot  obtain,  or  hold  them,  on  thofe  terms,  they 
will  take  them  on  your's,  fooner  than  not  poflefs  them. 

If  you  had  been  better  acquainted  with  the  citizens  of  Kentucky, 
you  would  have  known,  that  there  was  no  jaft  caufe  to  apprehend 
an  improper  opposition  to  the  laws  from  them.  The  laws  which  we 
complain  of  may  be  divided  into  two  claffes — thofe  which  we  admit 
to  be  conftitutional,  but  confider  as  impolitic  ;  and  thofe  which  we 
believe  to  be  unconstitutional,  and  therefore  do  not  trouble  ourfelves 
to  enquire  as  to  their  policy;  becaufe  we  coniider  them  as  abfclute 
nullities.  The  fir  ft  clafs  of  laws  having  received  he  fanction  of  a 
majority  of  the  renreientatives  of  the  people  of  the  United  States, 
we  coniider  as  binding  on  us,  however  we  differ  in  opinion,  from 
thofe  who  pa/Ted  them,  as  to  their  policy  :  and  although  we  will  ex- 
ercife  our  undoubted  right  of  rernonftrating  againit  fuch  laws,  and 
demanding  their  repeal,  as  far  as  our  numbers  will  jaflify  us  in 
making  fuch  a  demand  ;  we  will  obey  them  with  promptitude,  and 
to  the  extent  of  our  abilities,  fo  long  as  they  continue  in  force.  As 
to  the  fecond  clafs,  or  the  unconditional  laws,  although  we  confi- 
der  them  as  dead  letters,  and  therefore  that  we  a?ight  legally  ufe 
force  in  oppoiidon  to  any  attempts  to  execute  them  ;  yet  we  con* 
template  no  means  of  oppofition,  even  to  thefe  unconiHtutional  ads, 
but  an  appeal  to  the  real  laws  of  our  country.  As  long  as  our  excel- 
lent conhitution  (hall  be  considered  as  facred,  by  any  department  of  our 
government,  the  liberties  of  our  country  are  iafe,  and  every  attempt 
to  violate  them  may  be  defeated  by  means  of  law,  without  force,  or 
tumult  of  any  kind  :  and  the  more  uuconititutional  an  a£t  of  the  legif- 
lature  in  all  be,  the  eafier  it  will  be  to  defeat  it  in  this  way  ;  becauie 
there  will  be  the  lefs  doubt  of  its  having  violated  the  conftirution. 
How  iirongly  then  ought  we  to  be  attached  to  a  conilitation,  which 
contains  within  it,  what  mull  be  a  fuflicient  fecurity,  until  all  the  de- 
partments of  our  government  (hall  be  corrupted,  agaitt&aU  attempts 
10  violate  it,  or  to  infringe  cur  liberties;  it  is  a  truth,  which  fo.ouH 


{     3*     ) 

be  ibleair.ly  and  laftinaly  impretfed  or>  tli3  mind  of  eveiy  troe 
American  ;  that  he  ought  at  ail  times  to  be  ready  to  defend  ihis 
conllitution  a,t  the  h?.za.rd  of  his  Hie,  Hamilton  argues  on  this  fub- 
j;-ct  rf  the  Security  to  liberty,  arifing  from  the  coniHtution,  as  he  does 
en  :;11  others,  \v'  ere  he  has  truth  on  his  fide,  as  well  as  it  is  in  the 
power  of  man  to  do. 

"  The  coinolet^  independence  of  the  courts  of  iufticj.  is  peculiar!/ 
eflt'ntial  in  a  limited  conir'ution  3y  a  limited  conftkution,  I  un- 
derftand  one  whic:i  contains  certain  fpecifitd  exceptions  to  the 
1'gilHtive  autUo.ity  ;  fuch,  for  inltaucc,  as  that  it  ihali  pafs  no 
bills  of  attainder,  KQ  tx  poft  fa£to  laws,  and  the  like.  Limitations 
of  this  I^inc!  can  be  preferred  in  practice  no  other  way  than  through 
the  medium  of  the  courts  of  jufHce  ;  whole  duty  it  mail  be  to  declare 
all  acts  contrary  to  the  maniftft  tenor  of  the  confutation  void. 
Without  this,  all  the  refcrvaiians  of  particular  rights  or  privileges 
would  amount  to  nothing. 

<e  Some  perpkxuv  .  \g  the  rightof  the  courts  to  pronounce 

Ieg3i!a:ivc  acls  void  contrary  to  the  confutation,  has  arifcn 

from  an  im?^:.  •  dodlrine  would  rrr.ply  a  fuperio.ry  of 

the  judiciary  to  the  legiflative  power     It  is  urged  that  vhe  authority 
which  can  declare  the  ads  of  another  void,  tnuit  necefFariiy  be  iupe- 
vo  the  one  whole  ads  may  be  declared  void.     As  this  doctrine 
is  of  great  importance  in  all  the  American  eonftitutions,  a  brief  dif- 

of  the  grounds  on  which  it  re  Us  cannot  be  unacceptable. 
*''  There  is  no  pofu-ion  which  depends  on  clearer  principles,  than 
that  every  aft  of  a  delegated  authority,  contrary  to  the  tenor  of  the 
cosimiiiiQ-'i  u.nu:  r  which  it  is  exercifed,  is  void.  No  legiflidve  act, 
therefore,  cor.rrarv  to  the^conllitution,  can  be  valid.  To  deny  this, 
would  be  to  alii-  .e  deputy  is  greater  than  his  principal  ;  that 

-•rvanc  is  abo>/~  his  mailer  ;  that  the  reprcfentatives  of  the  peo- 
ple are  fuperior  to  ;hc  peoLvle  themfelve-s ;  that  men  acting  by  virtue 
of  powers,  may  do  not  only  what  their  powers  do  not  authorife,  but 
what  they  for: 

"'  If  it  be  (aid  that  the  legiflativ  '  :  ta^rufelves  the  confti- 

tucional  judges  of  their  own  powers,  and  t:  mtruction  they 

tiiem  is  conclufive  upon  <r*e  oti;er  departments,  i:  maybe 

thnt  this  cannot  be  :  ,  where  it  is  not 

to  be   Ci.i  a  any  pa  i  the  conHitution. 

It  is  not  otherwife  to  be  fupp  kution  cou'd  intend 

LO  fi;bi!itute  ti  eir  T/jtV/to 
'.--.      It  is  far  more  rational  to  i'uppofe,  that 

the  courts   \vc  ftcd  to  be   .  •  bo.iy  between  the 

people  ari  -icr  things,  to  keep 

•^vltiMn  t-1 .  . -.'i^rit'-J  to  ;^rity.     The  inter- 

•  e  laws   is  tr-e  proper   and   peculiar   province   of  the 

rs  in   fait,    and  mutt  be,    regarded  by  the 

rsfore  belongs  to  them  ro  af- 

particular  ad 

Jy.     If  there  (hou:  robe 

j  r,vo,  that  \vhich  has  tne  fa- 

perior 


<     33     ) 

pericr  obligation  and  validity,  ought  of  courfe  to  be  preferred;  or9 
ia  other  words,  the  conftitutlon  ought  to  be  preferred  to  the  fta- 
tate,  the  intention  of  the  people  to  the  intention  of  their  agents. 

s f  Nor  does  this  conclufion  by  any  means  fuppofe  a  faperiority  of 
the  judicial  to  the  legiflative  power.  It  only  fuppoies  that  the 
power  of  the  people  is  fuperior  to  both  ;  and  that  wh?re  the  will  of 
the  legiflature  declared  in  its  ftatutes,  flands  in  oppoiition  to  that  of 
the  people  declared  in  the  conflitution,  the  judges  ought  to  be  go- 
verned  by  the  latter,  rather  than  the  former.  They  ought  to  regu- 
late their  decifions  by  the  fundamental  laws,  rather  than  by  thofe 
which  are  not  fundamental. 

*e  This  exercife  of  judicial  difcretion  in  determining  between 
two  contradictory  laws,  is  exemplified  in  a  familiar  inftance.  It 
not  uncommonly  happens,  that  there  are  two  ftatutes  exifting  at 
one  time,  clafhing  in  whole  or  in  part  with  each  other,  and  neither 
of  them  containing  any  repealing  claufe  or  expreflion.  In  fuch  a 
cafe,  it  is  the  province  of  the  courts  to  liquidate  and  fix  their  mean- 
ing and  operation  ;  fo  far  as  they  can  by  any  fair  conftru&ion  be 
reconciled  to  each  other  ;  reafon  and  law  confpire  to  didlate  that 
this  ihould  be  done  :  Where  this  is  impradYicaMe,  it  becomes  a 
matter  of  neceffity  to  give  eftecl:  to  one,  in  excluiion  of  the  other. 
The  rule  which  has  obtained  in  the  courts  for  determining  their 
relative  validity  is  that  the  laft  in  order  of  time,  {hall  be  preferred 
to  the  firft.  But  this  is  a  mere  rule  of  conftru&ion,  not  derived 
from  any  positive  law,  but  from  the  nature  and  reafon  of  the  thing, 
It  is  a  rule  not  enjoined  upon  the  courts  by  legiflative  proviiion, 
but  adopted  by  themfelves,  as  confonant  to  truth  and  propriety,  for 
the  direction  of  their  conduct  as  interpreters  cf  the  law.  They 
thought  it  reafonable,  that  between  the  interfering  afts  of  an  equal 
authority,  that  which  was  the  lail  indication  of  its  will,  fhould  have 
the  preference. 

<s  But  in  regard  to  the  interfering  adls  of  a  fuperior  and  fubordi- 
nate  authority,  of  an  original  and  derivative  power,  the  nature  and 
reafon  of  the  thing  indicate  the  converfe  of  that  rule  as  proper  to  be 
followed.  They  teach  us  that  the  prior  acl  of  a  fupmor  ought  to  be 
preferred  to  the  fubfequent  aft  of  an  inferior  arid  fubordmate  au- 
thority ;  and  that,  accordingly,  whenever  a  particular  ftatute  con- 
travenes the  conilitution,  it  will  be  the  duty  of  the  judicial  tribunals 
to  adhere  to  the  latter,  and  difregard  the  former. 

<f  It  can  be  of  no  weight  to  fay,  that  the  courts  on  the  pretence 
of  a  repugnancy,  may  fubftitute  their  own  pleafure  to  the  unconfti- 
tational  intentions  of  the  legiflature.  This  might  as  well  happen  in 
the  cafe  of  two  contradi&ory  ftatutes  ;  cr  it  might  as  well  happen 
in  every  adjudication  upon  a  fingle  ftatute.  The  courts  muft  declare 
the  fen ie  of  the  law;  and- if  they  ihould  be  diipofed  to  exercife 
WILL  inftead  of  JUDGMENT,  the  confequence  would  equally  be 
the  fubflitution  of  their  pieafare  to  that  of  the  legiflative  body .  The 
obfcrvation,  if  it  proved  any  thing,  would  prove  that  there  ought  to 
be  no  judges  ciftinct  from  that  body." 

As  long  therefore  as  the  federal  courts  retain  their  honefty  and 

E  independence, 


(     34     ) 

Independence,  our  conilituiion  and  our  liberties  are  fafe  ;  and  a 
corrupt  fatlion  which  fliould  enaft,  and  be  defirous  of  enforcing, 
unconftitutional  acts  would  be  placed  in  this  dilemma ;  if  they  at- 
tempted to  enforce  them,  the  courts  would  declare  them^to  Le  void: 
if  they  did  not  make  the  attempt,  it  would  amount  to  an  acknow- 
ledgment on  their  parts,  that  they  were  unconltitutional ;  which 
would  certainly  and  defervedly  bring  both  the  prefident  and  con- 
grefs  "  into  contempt  and  difrepute  with,  and  excite  againtl  them 
the  hatred  of,  the  good  people  of  the  United  States."  1  mall  leave 
you  to  judge,  whether  the  president's  having  altogether  neglected 
that  part  of  his  duty,  which  requires  him  "  to  take  care,  that  the 
alien  and  fedition  bills,  mould  be  faithfully  executed,"  amounts  to 
fuch  an  acknowledgment.  But  although  uncorrupt  judges  always 
have  a  conftitutional  power,  to  prevent  the  operation  of  unconfti- 
tutional  a6ls  ;  it  is  noi  equally  in  their  power  to  enforce  fuch  acls  : 
for  when  their  decifions  fhall  be  evidently  contrary  to  common  fenfe 
and  juilice,  as  well  as  to  the  conftitution,  the  minds  of  the  people 
will  revolt  agninit  them  ;  and  then,  initead  of  their  promoting  a 
general  acquiefence  in,  and  obedience  to  unconftitutional  afts,  they 
will  certainly  caufe  a  general  oppofidon  to  them,  and  that  of  the 
moil  dreadful  kind  ;  becaufe  all  men  *  ill  then  fee,  that  there  is  no 
alternative  left  them,  but  refinance  or  flavery.  A  judicious  writer 
exprefles  himfelf  thus  en  this  fubjeft — "  That  the  conduct  of  the 
judges,  even  in  their  collective  capacity,  may  fometimes  be  as  cen- 
furable  and  corrupt  as  that  of  any  other  clafs  of  men,  the  deciiion  of* 
the  judges  in  the  cafe  of  Ihip-money,  affords,  indeed,  a  very  memo- 
rable inilance.  Lord  Clarendon  himfelf,  though  both  a  lawyer  and 
a  royaliil,  exprelTes  great  indignation  at  the. iniquitous  conducl:  of 
the  judges  at  that  period,  and  fpeaks  of  their  decifion,  as  having 
been  produ&ive  of  the  moll  pernicious  confequences,  He  remarks, 
that  the  payment  of  fhip  money  was  more  firmly  oppofed,  after  the 
judges  had  declared  it  to  be  legal,  than  it  had  been  before.  That 
preffure,  fays  he,  was  borne  with  much  more  chearfulnefs,  before 
the  judgment  for  the  king,  than  ever  it  was  after ;  men  before, 
pleafing  themfelves  with  doing  fomeching  for  the  king's  fervice* 
as  a  teftimony  of  their  affection,  which  they  were  not  bound  to  do  ; 
many  really  believing  the  neceffity,  and  therefore  thinking  the 
burden  reasonable  ;  others  obfervin^:,  that  the  advantage  to  the  king 
was  of  importance,  when  the  damage  to  them  was  not  considerable ; 
and  all  affuring  themfelves,  that  when  they  fhould  be  weary,  or 
unwilling  to  continue  the  payment,  they  might  refort  to  the  law 
for  relief,  and  find  it.  But  when  they  heard  this  demanded  in  a  court 
cf  law,  as  a  right,  and  found  it,  by  fworn  judges  of  the  law,  adjudged 
fo,  upon  fa ch  grounds  and  reafons  as  t<very  Jiander-by,  was  able  to  fa: ear 
was  net  Irsw,  and  fo  had  loll  the  pleaiure  and  delight  of  being  kind 
and  dutiful  to  the  king  ;  andinftead  of  giving  were  required  to  pay, 
and  by  a  logic  that  Left  no  man  any  thing  which  he  might  cad  his  o~vn  : 
they  no  mere  looked  upon  it  as  the  cafe  of  one  man,  but  the  cafe  of  the 
kingdom,  net  as  imfojition  laid  upon  them  by  the  king,  but  by  the  judges  ; 
which  tl-ej  thought  themfelves  bound  in  csnfcience  to  the  public  jvjlice  not 


(    35    ) 

lofobmit  to.  And  here  the  damage  and  mifchief  cannot  be  exprefTed 
that  the  crown  and  (late  fuftained,  by  the  deferved  reproach  and 
infamy  that  attended  the  judges,  by  being  macle  ufe  of  in  this  and 
like  afts  of  power;  there  being  no  poflibility  to  preferve  the  dignity, 
reverence,  and  ellimation  of  the  laws  themfelves,  but  by  the  inte- 
grity and  innocency  of  the  judges."  Even  the  courtier  Blackftone 
declares,  that  t(  to  vindicate  their  rights,  when  actually  violated  or 
attacked,  the  fubjecls  of  England  are  entitled  in  the  flrft  place,  to  the 
regular  adminifiration  and  free  courfe  of juftice  in  the  courts  of  law  ; 
next,  to  the  right  of  petitioning  the  king  and  parliament  for  redrefs 
of  grievances ;  and  iaftly,  to  the  right  of  having  and  ufing  arms,  for 
felf-prefervation  and  defence.  And  the  fame  author  alfo  declares, 
-  that  the  right  ofre/t/tanceis  a  natural  right,  when  "  thefan&ions  of 
fodety  and  laws  are  found  infujficient  to  reft  rain  the  violence  of  oppref- 
fion."  This  right  of  refinance  is  alfo  recognized  and  eftablifhed  in 
the  fulleft  manner,  by  the  federal  constitution,  as  well  as  thofe  of 
the  different  flates ;  but  it  is  a  right  which  it  can  never  be  necefTary 
to  have  recourfe  to,  until  ail  the  departments  of  the  government  (hall 
become  corrupt ;  and  ought  not  then  to  be  appealed  to  except  in 
cafes  of  extreme  danger  and  neceflity.  Let  all  good  men  unite  their 
efforts  to  prevent  the  United  States  from  being  brought  to  thac 
dreadful  crilis. 

You  fay,  '*  28,000  perfons  have  offered  for  commiflions  in  the 
regular  fervice.*'  From  the  baft  calculation  I  can  make,  it  would 
not  take  more  than  500  officers  for  the  corps  of  regulars  ;  fo  that 
there  were  56  applicants  for  each  commiflion  which  was  to  be  dif- 
pofed  of;  and  27,500  of  thofe  who  did  apply,  mult  have  been  dif- 
appointed.  You  do  not  fay  what  became  of  thofe,  who  were  not 
happy  enough  to  receive  commiflions.  Did  their  zeal  and  enthufi- 
afm,  when  they  found  they  could  not  ferve  their  country  in  the  Na- 
tion they  would  have  preferred,  caufe  them  to  enlift  as  privates, 
which  no  intereft  was  iiecefTary  to  procure  them  permiilion  to  do  ? 
I  fear  not ;  the  American  patriotifm  of  the  prefent  day,  is  not  of  the 
kind  which  makes  the  greater  par.t  of  thofe  who  are  under  its  influ- 
e 
d 


:  point 

ing  them.  It  is  aflonifhing  to  hear  of  the  immenfe  number  with  you, 
who  expeft.  to  be  provided  for  by  the  government  ;  the  labour  of 
thofe  who  do  wrje,  would  not  be  fu  (Sclent  to  fupport  thofe  who  *wijh 
•to  live  without  it.  Brought  up  in  idlenefs,  they  know  not  what  to 
betake  themfelves  to ;  labour,  they  will  not,  and  to  beg,  they  are 
afhamed  :  their  whole'  dependence  is  therefore  placed,  in  receiving 
proviiion  from  the  government.  To  give  them  fome  claim  to  it, 
each  of  them  exceeds  his  fellow,  in  his  zeal  for,  and  clamour  in  fup- 
port of  all  their  3&S,  including  thofe  which  are  yet  to-be  done  : 
they  are  anxioufly  vvifhing  to  fell  their  birth-rights  for  a  mefs  of 
pottage.  The  more  thofe  me.afures  have  a  tendency  to  increafe  the 
public  burdens,  and  to  impoverifh  the  body  of  the  people,  the  bet- 
ter they  are  pleaied  with  them  :  becaufe  they  render  the  more  officers 

E  2  necefiary. 


(     3*    ) 

neceffary.  They  enlift  alfo  under  the  banners  of  die  government 
party,  all  their  friends  and  connexions.  Multiply  the  whole  num- 
ber of  officers  employed  in  every  department  of  the  government,,  by 
fifty -fix,  and  then  add  to  the  total  a*rount,  thofe  who  are  interested 
in  the  public  fecurities  and  banks ;  thofe  whofe  mercantile  interest 
caufe  them  to  fupport  the  prefent  meafures ;  thofe  who  expert  to 
handle  public  money  and  to  get  jobs  under  the  government ;  thofe, 
who  wifh  to  fee  the  republican  principles  contained  in  our  govern- 
ment,  changed  ;  and  thofe,  who  are  always  ready  to  enlilt  them- 
fei  ves  under  the  men  in  oilice :  and  you  will  readily  account  for  the  con- 
dud  of  a  great  part  of  the  prefent  fupporters  of  the  late  meafures  of 
the  general  government.  I  only  fay  "  a  great  pa-t,"  for  I  am 
convinced,  that  many  of  our  belt  citizens  fupport  thofe  meafures, 
becaufe  they  think  that  there  is  a  neceffity  for  doing  fo  :  akhough 
I  cannot  but  be  of  opinion,  that  they  have  formed  that  judgment, 
on  miftaken  grounds. 

You  fay,  <(  you  know  I  love  Nicholas.  I  really  am  moll  fe- 
rioufly  concerned  for  him  :  afore  him  from  a  friend  that  loves  him 
molt  fincereiy,  he  is  in  danger.  At  any  event,  let  him  not  oppofe 
the  execution  of  the  laws.  A  watchful  eye  is  kept  upon  him,  and 
there  are  not  wanting  thofe  in  your  country,  who  will  readily  take 
advantage  of  his  indifcretions.  Once  more,  give  my  warmeit  ref- 
pefts  and  affe»5lion  to  Nicholas.  Entreat  him  to  be  cautious.  Go- 
vernment will  exercife  all  its  energy.  If  he  goes  beyond  certain 
lengths,  he  is  lofh  How  could  he  ufe  arguments  to  a  mofi  tumul- 
tuous mob,  "  that  they  could  not  pay  their  taxes  :  and  that  be- 
caufe our  (hips  were  bee-hives,  French  hornets  muft  be  permitted 
to  eat  them  up  ;*'  and  not  hear  him  anfwered  ?  O  fie  !  It  was  rude, 
—uncivil, — but  a  true  emblem  of  Kentucky  manners !" 

If  we  were  now  (laves,  it  might  be  improper  far  any  one  to  tell 
his  brother  fiavcs,  that  they  could  not  bear  the  burdens  which  their 
matters  had  impofed  upon  them.  But  as  we  are  not  yet  fixed  in 
that  condition,  it  certainly  mull  be  right  in  a  freeman,  who  believes 
that  the  impofing  thefe  burdens,  and  the  other  meafures  which  ac- 
company them,  will  bring  his  country  into  a  ftate  of  fervitude;  to 
warn  his  fellow- citizens  againft  giving  their  confent  to  fuch  mea- 
fures. Is  it  not  better  to  enquire  int6  our  ability  to  fupport  a  war 
before  we  enter  into  it,  than  to  difcover  that  we  are  not  able  to 
carry  it  on,  after  we  are  engaged  in  it  ?  And  if  the  expences  of 
the  jlrfi  year  Q{  the  war,  even  according  to  the  eftimate  made  Ly 
thofe  who  want  to  force  us  into  it,  fo  greatly  exceed  our  refources, 
that  it  would  be  impoiiible  for  us  to  pay  the  amount,  if  we  were 
ever  fo  willing  to  do  it ;  is  it  mo"e  prudent  and  honourable  to  de- 
clare it  now,  or  to  wait  until  the  war  has  been  fully  entered  into  by 
the  other  ilates,  upon  a  fuppofition,  that  we  can  pay  our  proportion 
of  the  expences  which  will  attend  its  profecuiion  ,?*  In  a  war  like 
the  prefent,  which  we  have  now  made  an  ofFcnfive  one,  every  thing 
of  this  kind  ought  to  be  taken  into  consideration  ;  although  it  would 
:-c  improper  to  do  fo,  if  our  country  was  really  attacked  by  any  fo- 
reign power  ;  becaufe  we  ought  then,  to  hazard  every  thing,  ranier 

than 


(     37 

than  become  fubjecls  to  any  foreign  nation.  I  never  did  think 
(much  lefs  fay),  that  "  becaufe  our  vefTels  were  bee-hives,  that 
French  hornets  ought  to  be  fuffered  to  eat  them  up  :"  but  I  did  fay, 
and  I  (Hll  think,  that  in  the  prefent  fituation  of  America,  the  engag- 
ing in  a  maritime  war,  mull  be  impolitic  ;  more  efpecially  again(l 
a  nation  having  no  commerce  ;  becaufe  fuch  a  war,  even  if  fuccefs- 
ful,  could  afford  us  no  captures,  which  would  indemnify  us  for  any 
part  of  the  expence  of  it ;  for,  as  they  have  no  merchant -men  at 
fea,  even  our  prizes  would  prove  to  be  "  hornets'  nefls,  and  not 
bee-hives."  "  If  the  lafting  prefervation  of  the  honour,  liberty 
nnd  independence  of  America,  is  our  real  objeft,  we  fliould  carefully 
avoid  war,  during  the  infant  Hate  of  our  country.  Such  premature 
efforts,  bring  on  a  fiate  of  imbecility  in  the  political  as  well  as  the 
human  body  ;  and  prevent  either  from  attaining  that  degree  of 
ilrength  which  they  would  otherwife  certainly  arrive  at.  Twenty- 
years  more  of  peace,  would  leave  America  fully  competent  to  defend 
all  her  juft  rights  againlt.  any  nation— five  years  war  at  this  time, 
would,  probably,  put  it  out  of  her  power  to  do  it  with  effect,  for  one 
hundred  years  to  come," 

Get  better  information,  my  friend,  of  the  kind  of  men  who  com- 
pofed  that  meeting  which  you  call  "  a  molt  tumultuous  mob;" 
when  you  do,  I  am  certain  that  you  will  find,  t  atjo«  never  faw  a 
meeting,  the  members  of  which  poflefTed  as  mucn  underitanding, 
wealth,  and  public  virtue,  as  thofe  men  did,  who  attended  that 
meeting.  You  will  alfo  find,  that  you  were  mifinformed  when  you 
was  tofd,  that  "  they  refufed  to  hear  me  anfwered."  The  fact  is, 
I  was  anfwered  twice,  by  a  gentleman  of  very  confiderable  abilities, 
It  is  alfo  true,  that  the  meeting  refufed  to  hear  another  perfon, 
who  attempted  to  fpeak  to  them  on  that  fide  of  the  queition  ;  bur 
that  proceeded  from  perfcnal  objections  to  the  man.  How  does  it 
happen,  when  the  conftitution  declares  that  "  the  people  have  a 
right  to  afiemble  peaceably  to  petition  for  a  redrefs  of  grievances  ;" 
when  congrefs  by  publishing  the  communications  from  our  envoys, 
appealed  to  the  people  as  to  their  fubjecl  matter  :  when  addrefTes  have 
not  only  been  received,  bat  encouraged,  from  every  part  of  Ame* 
rica  ;  and  when  the  prefident  has  declared,  that  tf  there  is  a  pecu- 
liar propriety  in  the  people's  exprerTmg  their  fentiments  on  the  pre- 
fent cccafion ;"  that  our  meeting  held  for  that  purpofe,  mould  be 
denominated  a  mob  ?  Does  the  propriety  or  illegality  of  fuch  a  meet- 
ing depend  on  their  fentiments,  fo  as  to  make  it  a  regular,  legal  af- 
fembly  when  it  applauds — but  a  mob,  when  it  cenfures  the  meafures 
of  the  government  ?  If  this  is  the  law,  it  puts  the  privilege  of  hold- 
ing "  peaceable  aflemblies/'  on  the  fame  juit  and  republican  foot- 
ing, that  our  rulers  now  want  to  place  "  the  freedom  of  the  prefs :" 
that  they  may  both  be  exercifed  to  approve,  but  never  to  condemn 
public  meafurqs. 

If  our  manners  are  not  as  polifhed  as  thofe  of  the  more  civilized 
people  in  your  part  of  America,  you  fliould  excufe  it — and  attribute 
it  in  part,  to  our  want  of  opportunities  of  attending  levees,  vifiting 
place -mm,  and  affociatin^  with  f up  pie  courtiers  and  ofEce- hunters, 

E  3  When 


(     38     ) 

When  men  aflbciate  with  none  but  their  equals,  they  will  not  ac- 
quire that  refinement  of  manners,  which  is  generally  met  with  about 
courts ;  but  they  will  retain,  what  is  a  thoufand  times  naore  valuable 
—a  greater  proportion  of  republican  veracity  and  independence. 
But  if,  from  our  fituation,  we  can  give  you  no  aid  in  the  article  of 
manners,  that  fame  fituation  will  enable  us  to  do  you  a  more  efTen- 
tial  fervice.  We  will  preferve  and  keep  alive  for  you  and  ourfelves, 
that  facred  fire  of  liberty,  which  once  blazed  fo  brilliantly  through- 
out America;  but  which  appears  to  be  now  entirely  extinguished  in 
the  Eaftern  ftates ;  which  the  greateft  efforts  are  making  to  deilroy 
in  the  middle  ftates  ;  and  which  will  require  all  the  exertions  of  its 
friends  and  votaries  to  preferve  it  alive  in  the  Southern  ftates. 

Your  expreffions  of  efleem  and  friend  (hip  for  me,  give  me  great 
pleafure,  and  the  more  fo,  becaufe  neither  dHlance  nor  length  of 
time,  has  been  able  to  diminifh,  in  the  fmallefl  degree,  the  fincere 
refpect  and  affection  which  I  have  long  entertained  for  you.  It  is 
not  one  of  the  fmalleft  complaints  that  I  have  to  make  againft  our 
rulers,  that  they  have  acted  in  fuch  a  manner,  as  to  divide  in  fenti- 
inents,  men  equally  honeft,  and  all  anxioufly  vvifhing.  for  the  liberty 
?.nd  happincfs  of  their  country.  That  political  conduct  cannot  be 
right,  which  caufes  a  confcientious  differeDce  of  opinion  between 
friends,  brothers,  father  and  fon.  But  as  that  difference  in  fenti- 
ment.does  really  exift,  no  man  can  honourably  or  virtuoufly  facrifice 
his  opinion  to  that  of  his  neareft  connexion  ;  all  that  remains  is,  that 
we  fhould  each  of  us  fuppofe,  that  it  is  more  than  poflible,  that  he 
errs  in  his.  opinions ;  and  not  fuffer  any  difference  in  fentiment  lo. 
change  his  efleem  or  affection  for  another,  who  has  an  equal  right 
to  .think  for  himfelf,  and  who  has  honeflJy  exercifed  his  judgment 
in  farming  his  opinion. 

Although  I  confider  your  fears  for  me  as  proceeding  from  your 
friendfhip,  and  therefore  thank  you  for  fuggefling  them,  I  view  them 
as  unneceflary  ;  1  have  r.one  fuch  for  myfelf.  As  long  as  my  coun- 
try continues  free,  I  care  not  who  watches  me;  I  wilh  all  my 
thoughts,  words,  and  deeds,  fo  far  as  they  concern  the  public,  to 
be  known.  Pie  who  has  no  political  objects,  but  the  happinefs  and 
liberty  of  his  country,  need  not  fear  having  them  expofed  to  the  eyes 
cf  the  world.  And  if  the  time  has  come,  when  that  liberty  is  to  be 
terminated,  I  have  lived  long  enough.  Indeed,  I  have  lived  too  long; 
for  if  that  is  to  be  the  cafe,  it  would  have  been  better  that  I  fhouid 
have  died,  before  I  became  the  father  of  eleven  children  ;  and  before 
I  had  inftilledinto  them  republican  principles,  which  mull  add  greatly 
to  their  wretchednefs,  if  they  are  now  to  be  (laves.  I  can  fuffer 
nothing  by  my  conduct  in  the  firft  event ;  and  although  my  bufferings 
be  greater  for  a  time,  in  the  fecond,  they  will  alfo  be  of  fhorter 
duration  :  and  if  thofe  fufferings  fhoulcl  be  one  means  of  opening  the 
eyes  of  my  countrymen,  fo  as  to  caufe  a  jleitruction  of  the  tyranny 
which  inflicted  them,  it  would  be  a  fufficient  confolation  to  me,  even 
in  the  moment  of  execution  and  death 

The  refult  cf  my  thoughts  on  this  fubjed  is,  I  have  lived  too  long 
as  a  freeman,  ever  to  act  well  the  part  of  a  flave  ;  my  conduct  has 

been 


(     39    ) 

been  fuch,  as  to  give  me  no  juft  caufe  to  fear  any  thing  from  law 
and  juftice  ;  and  I  know  not  how  to  fhape  that  conduct,  fo  as  to  ef- 
cape  puni(hment  from  lawlefs  power  :  1  will  therefore  continue  to 
purfue  that  line  of  conduct  which  my  confcience  tells  me  is  right; 
and  then,  happen  whatever  may,  I  (hall  carry  with  me  felf-appro- 
bation,  and  the  applaufe  of  the  wife  and  the  virtuous.  As  I  have 
no  improper  views,  there  is  no  danger  of  my  <f  going  beyond  cer- 
tain lengths ;"  indeed  ftom  my  knowledge  of  myfelf,  and  from  the 
obltacles  which  I  find  in  my  way,  I  am  more  afraid  that,  my  con- 
flancy  failing  me,  I  mail  ftop  mort  of  what  my  dnty  as  a  father  and 
a  citizen  ought  to  flimulate  me  to  ;  than  that  I  fhould  go  beyond 
that  line  of  conduct,  which  they  would  make  it  proper  for  me  to 
purfue. 

When  I  began  this  letter,  I  intended  it  for  your  iigKt  only ;  buC 
after  I  had  reflected,  that  the  reafoning  contained  in  your's,  was 
that  of  the  ariftocratical  party,  drefTcd  up  in  your  energetic  lan- 
guage ;  and  that  the  mifreprefentions  which  had  reached  yon,  of 
our  views,  language  and  conduct,  had  alfo  been  made  to  thoufands 
befides  you :  I  determined  to  publifh  my  anfwer  to  that  reafoning, 
and  my  corrections  of  thofe  unjuft  rtatements.  If  by  doing  fo,  I 
can  be  in  any  manner  inftrumentai  in  removing  the  improper  im- 
preflions  caufed  by  either  of  them,  it  will  make  me  happy  ;  if  no- 
thing that  I  have  faid  can  produce  that  effect,  I  mall  ftill  retain  the; 
pleating  confolation,  which  arifes  from  the  reflection,  that  I  have 
done  my  duty. 

Let  the  event  be  what  it  may,  be  aflfured,  that  I  ftia'l  always  con- 
tinue to  be, 

Your  affe&ionate  friend, 

GEORGE  NICHOLAS, 

Lexington)  November  10,   1798. 


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